NO. 12-12-00274-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS CHARLES LEE FAULK, § APPEAL FROM THE 349TH APPELLANT V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § HOUSTON COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant has filed a motion to dismiss this appeal. The motion is signed by Appellant’s counsel and includes an affidavit signed by Appellant in which he requests that his motion to dismiss this appeal be granted. No decision has been delivered in this appeal. Accordingly, Appellant’s motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.2(a).

Opinion delivered February 28, 2013.

Panel consisted of Worthen C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT FEBRUARY 28, 2013

NO. 12-12-00274-CR

CHARLES LEE FAULK, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 349th Judicial District Court of Houston County, Texas. (Tr.Ct.No. 09-CR-278) THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be granted and the appeal be dismissed, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.