MEMORANDUM OPINION No. 04-11-00664-CV Cristobal ORTIZ, Appellant v. STATE of Texas, Appellee From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 11-07-0780-CVA Honorable Stella Saxon, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: January 18, 2012 MOTION TO DISMISS GRANTED; DISMISSED Appellant filed a motion to dismiss this appeal with each party bearing its own costs.

Appellant’s counsel has certified that he has conferred with opposing counsel who does not oppose the motion. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). All costs of appeal are taxed against the party who incurred them. See TEX. R. APP. P. 42.1(d).

PER CURIAM