COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-03-523-CR
THE STATE OF TEXAS STATE
V.
ALLEN FRITZGERALD CALTON APPELLEE
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FROM THE 213 TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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We have considered “State’s Motion To Dismiss Appeal.” 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).
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).
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 25, 2004
FOOTNOTES
1:
See Tex. R. App. P. 47.4.