Dismissed and Opinion Filed March 21, 2024

In the Court of Appeals Fifth District of Texas at Dallas No. 05-23-00764-CR THE STATE OF TEXAS, Appellant V. JOSE SALVADOR MARTINEZ, Appellee On Appeal from the County Criminal Court No. 1 Dallas County, Texas Trial Court Cause No. M19-24633 MEMORANDUM OPINION Before Justices Reichek, Carlyle, and Miskel Opinion by Justice Carlyle Before the Court is the State’s Motion to Dismiss State’s Appeal. The motion states, “Having reviewed [the] full record of the proceedings below and having considered the legal arguments available to the State given the procedural posture of the case and applicable standard of review, the State has determined that this appeal should be dismissed.” We grant the motion, and we order the appeal dismissed.

/Cory L. Carlyle// 230764f.u05 CORY L. CARLYLE Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) Court of Appeals Fifth District of Texas at Dallas JUDGMENT THE STATE OF TEXAS, Appellant On Appeal from the County Criminal Court No. 1, Dallas County, Texas No. 05-23-00764-CR V. Trial Court Cause No. M19-24633.

Opinion delivered by Justice Carlyle.

JOSE SALVADOR MARTINEZ, Justices Reichek and Miskel Appellee participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 21st day of March, 2024.

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