Opinion
No. 2-04-378-CR
Delivered: November 24, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Appeal from County Criminal Court No. 2 of Denton County.
Bruce Isaacks, D.A., Denton, TX, 76202, for State. Mark C. Lane, Fort Worth, TX, 76117, for Appellee.
PANEL D: McCoy, J.; Cayce, C.J.; and LIVINGSTON, J.
MEMORANDUM OPINION AND JUDGMENT
See Tex.R.App.P. 47.4.
We have considered the "State's Motion To Dismiss Appeal And Issue Mandate." 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). As agreed by 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. 2004-05).