COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00010-CR

DANIEL GARY APPELLANT V. THE STATE OF TEXAS STATE

------------ FROM THE 367TH DISTRICT COURT OF DENTON COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered “Appellant’s 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: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH Tex.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