COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-453-CR
EX PARTE
JIMMY C. BURGETT
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FROM THE 97 TH DISTRICT COURT OF MONTAGUE COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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We have considered the request to dismiss appeal without prejudice filed by Jimmy C. Burgett, pro se. 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 request and dismiss the appeal. See id.; Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 14, 2004
FOOTNOTES
1:
See Tex. R. App. P. 47.4.