Opinion filed September 21, 2023

In The Eleventh Court of Appeals __________ No. 11-22-00357-CR ___________ THE STATE OF TEXAS, Appellant V. MATTHEW DAVID COUNTS, Appellee On Appeal from the 142nd District Court Midland County, Texas Trial Court Cause No. CR58388 MEMORANDUM OPINION The State has filed a motion to dismiss this appeal. In its motion, the State requests that the present appeal be dismissed pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a).

We grant the State’s motion and dismiss the appeal.

W. STACY TROTTER September 21, 2023 JUSTICE Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.