NO. 02-12-00582-CR

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FROM THE 89th District Court OF Wichita COUNTY

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MEMORANDUM OPINION^[1] AND JUDGMENT

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          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

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

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  February 28, 2013