COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00525-CR

FREDDIE LEE TUBBS APPELLANT V. THE STATE OF TEXAS STATE

------------ FROM THE 97TH DISTRICT COURT OF MONTAGUE COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered appellant’s “Motion To Dismiss.” The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P. 42.2(a). No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f).

PER CURIAM See Tex. R. App. P. 47.4.

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: March 14, 2013