Appeal Dismissed and Opinion Filed October 4, 2012

In The nf Apprat (iinitrt Fifti! IIStrTCt flf Xa tt flt1kt No. 05-12-01198-CR

THE STATE OF TEXAS, Appellant V. DYMON LAMOIT SMITH, Appellee

On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F10-56756

MEMORANDUM OPINION Before Chief Justice Wright and Justices Bridges and Myers Appellant, the State of Texas, has filed a motion to dismiss the appeal. The motion is signed by an attorney for the State of Texas. The Court GRANTS the motion and ORDERS that the appeal be DISMISSED and that this decision be certified below for observance. See TEx. R. App. P. 42.2(a).

PER CURIAM Do Not Publish TEx. R. App. P. 47