In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00534-CR ____________________ TERRY LYNDELL BENTON, Appellant V. THE STATE OF TEXAS, Appellee _________________________________________________________________ _ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 09-07948 _________________________________________________________________ _ MEMORANDUM OPINION Appellant Terry Lyndell Benton filed a motion to dismiss his appeal pursuant to Tex. R. App. P. 42.2. The motion is signed by appellant personally after counsel filed a brief which certifies that counsel could find no arguable error on which to base an appeal. We therefore treat the motion to dismiss the appeal as agreed to by counsel. See Tex. R. App. P. 42.2. No opinion has issued in this appeal.

It is ORDERED that the motion to dismiss the appeal is GRANTED, and the appeal is therefore DISMISSED.

APPEAL DISMISSED.

______________________________ STEVE McKEITHEN Chief Justice

Opinion Delivered May 22, 2013 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ.