COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-05-358-CR
THE STATE OF TEXAS STATE
V.
FREDDIE D. GARRETT APPELLEE
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FROM THE 158 TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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We have considered the “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. A nn . art. 44.01(f) (Vernon Supp. 2004-05).
PER CURIAM
PANEL D: MCCOY, J., CAYCE, C.J.; and LIVINGSTON , J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 2, 2006
FOOTNOTES
1:
See Tex. R. App. P. 47.4.