IN THE TENTH COURT OF APPEALS No. 10-12-00408-CR FRANK CHARLES HARVEY, III, Appellant v. THE STATE OF TEXAS, Appellee

From the 77th District Court Freestone County, Texas Trial Court No. 11-094CR

MEMORANDUM OPINION

Frank Harvey III filed a motion to dismiss his appeal. The motion has been signed by Harvey and his counsel. See TEX.R.APP.P. 42.2(a). Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled.

The motion is granted, and the appeal is dismissed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed May 2, 2013 [CR25]

Harvey v. State Page 2