Opinion
No. 2-04-389-CR
Delivered: October 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Appeal from County Criminal Court No. 2 of Denton County.
Panel D: GARDNER, WALKER, and McCOY, JJ.
MEMORANDUM OPINION AND JUDGMENT
See Tex.R.App.P. 47.4.
We have considered the "Amended 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). Upon agreement of the parties, the mandate will issue immediately. See Tex.R.App.P. 18.1(c). 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).