                        COURT OF APPEALS
                         SECOND DISTRICT OF TEXAS
                              FORT WORTH

                             NO. 02-12-00525-CR


FREDDIE LEE TUBBS                                                  APPELLANT

                                       V.

THE STATE OF TEXAS                                                      STATE


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          FROM THE 97TH DISTRICT COURT OF MONTAGUE COUNTY

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              MEMORANDUM OPINION1 AND JUDGMENT
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      We have considered appellant’s “Motion To Dismiss.”          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 Tex. R. App. P.

42.2(a), 43.2(f).

                                                  PER CURIAM

      1
       See Tex. R. App. P. 47.4.
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH
Tex. R. App. P. 47.2(b)

DELIVERED: March 14, 2013




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