COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-06-308-CR
THE STATE OF TEXAS STATE
V.
SHAE LUCABAUGH APPELLEE
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FROM COUNTY CRIMINAL COURT NO. 10 OF TARRANT 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: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: January 25, 2007
FOOTNOTES
1:
See Tex. R. App. P. 47.4.