Dismiss and Opinion Filed February 14, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00257-CR ROY GLENN WHITTAKER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F12-62952-J MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Evans Opinion by Justice FitzGerald Roy Glenn Whittaker has filed a motion to dismiss the appeal. Appellant’s counsel has approved the motion. The Court GRANTS the motion and ORDERS that the appeal be DISMISSED and this decision be certified below for observance. See TEX. R. APP. P. 42.2(a).

Do Not Publish TEX. R. APP. P. 47 130257F.U05 /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ROY GLENN WHITTAKER, Appellant Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No. No. 05-13-00257-CR V. F12-62952-J).

Opinion delivered by Justice FitzGerald, THE STATE OF TEXAS, Appellee Justices Fillmore and Evans participating.

Based on the Court’s opinion of this date, we DISMISS the appeal.

Judgment entered February 14, 2014

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

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