COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00582-CR

EX PARTE JAMES FOWLER

------------ FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered the “State’s Agreed Motion To Dismiss Appeal.” 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: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: February 28, 2013