IN THE TENTH COURT OF APPEALS No. 10-23-00167-CR THE STATE OF TEXAS, Appellant v. PATRICK JOSEPH CLOSE, Appellee

From the County Court at Law No. 2 Brazos County, Texas Trial Court No. 22-01961-CRM-CCL2

MEMORANDUM OPINION

Appellant, the State of Texas, filed a notice of appeal challenging the trial court’s granting of a motion to suppress in favor of appellee, Patrick Joseph Close. See TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5). The State has now filed a motion to dismiss, indicating that it has “come to an agreement [with Close] and disposed of this case.”

Texas Rule of Appellate Procedure 42.2(a) provides that an appellate court may dismiss an appeal upon appellant’s motion. See TEX. R. APP. P. 42.2.(a). We grant the State’s motion to dismiss the appeal, and the appeal is dismissed.

STEVE SMITH Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed August 2, 2023 Do not publish [CR25]

State v. Close Page 2