COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-373-CR
THE STATE OF TEXAS STATE
V.
RANDY KEITH WARD APPELLEE
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FROM COUNTY CRIMINAL COURT NO. 2 OF DENTON COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
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We have considered the “State’s Motion To Dismiss Appeal And Issue Mandate.” The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P. 42.2(a). No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See id.; Tex. R. App. P. 43.2(f). As agreed by the parties, the mandate will issue immediately. See Tex. R. App. P. 18.1(c).
It is further ordered that the State shall pay all costs of this appeal, for which let execution issue. See Tex. Code Crim. Proc. Ann. art. 44.01(f) (Vernon Supp. 2004-05).
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 2, 2004
NOTES
1. See Tex. R. App. P. 47.4.