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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-05-163 -CV
GRADY ALLEN DAVIS APPELLANT
V.
STATE OF TEXAS APPELLEE
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FROM THE 158TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION[1] AND JUDGMENT
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We have considered appellant=s request to dismiss the appeal. It is the court's opinion that the request should be granted; therefore, we dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f).
PER CURIAM
PANEL D: GARDNER, WALKER, and MCCOY, JJ.
MCCOY, J., dissents without opinion.[2]
DELIVERED: September 29, 2005
[1]See Tex. R. App. P. 47.4.
[2]McCoy, J., would interpret Appellant=s request as a motion to abate and abate the appeal for five years.