Motion Granted; Appeal Dismissed and Memorandum Opinion filed October 10, 2013

In The Fourteenth Court of Appeals NO. 14-13-00426-CR STATE OF TEXAS, Appellant V. TOMMY LEE COUCH, Appellee On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 11CR2054 MEMORANDUM OPINION

Appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.2.

The motion is granted.

Accordingly, we order the appeal dismissed. We direct the Clerk of the Court to issue the mandate of the Court immediately.

PER CURIAM Panel consists of Chief Justice Frost and Justices McCally and Busby.

Do Not Publish — Tex. R. App. P. 47.2(b)