IN THE TENTH COURT OF APPEALS No. 10-16-00257-CR DON PAUL WAMMACK, Appellant v. THE STATE OF TEXAS, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 40949CR

MEMORANDUM OPINION Don Paul Wammack appealed the trial court’s Order to Administer Psychoactive Medication signed on July 22, 2016. He has now filed a motion to withdraw that notice of appeal and dismiss the appeal.1 Wammack and his counsel have both signed the motion.

1The motion was not served as required by Rule 9.5 of the Texas Rules of Appellate Procedure. However, we dispense with the service requirement and proceed to the merits of the motion. See TEX. R. APP. P. 2.

The motion is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.2(a).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed September 14, 2016 Do not publish [CR25]

Wammack v. State Page 2