IN THE TENTH COURT OF APPEALS No. 10-13-00013-CR THE STATE OF TEXAS, Appellant v. DAVID WAYNE HARTLEY, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 10-02624-CRF-272

MEMORANDUM OPINION

The State of Texas appealed the trial court’s decision to grant the defendant’s motion for new trial. The State’s Motion to Withdraw State’s Notice of Appeal and Dismiss State’s Appeal has now been filed.

The State’s motion is granted. See TEX. R. APP. P. 42.2. The appeal is dismissed.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed February 14, 2013 Do not publish [CR25]

State v. Hartley Page 2