                            COURT OF APPEALS
                            SECOND DISTRICT OF TEXAS
                                 FORT WORTH

                                  NO. 2-08-144-CR

TYSON MONTRELL BANKS                                                APPELLANT


                                             V.

THE STATE OF TEXAS                                                     STATE

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      FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY

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               MEMORANDUM OPINION 1 AND JUDGMENT

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      We have considered appellant’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).

                                                       PER CURIAM



PANEL: CAYCE, C.J.; LIVINGSTON, and DAUPHINOT, JJ.

DO NOT PUBLISH
T EX. R. A PP. P. 47.2(b)




      1
          … See T EX. R. A PP. P. 47.4.
DELIVERED: October 9, 2008
