                           NUMBER 13-12-00357-CR

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

THE STATE OF TEXAS,                                                       Appellant,

                                          v.

ALEX BRITINI SMITH,                                 Appellee.
____________________________________________________________

          On Appeal from the County Court at Law No. 2
                   of Hidalgo County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Benavides and Perkes
                 Memorandum Opinion Per Curiam

      Appellant, the State of Texas, by and through its Criminal District Attorney, the

Honorable René Guerra, has filed a motion for dismissal of its appeal pursuant to Rule

42.2 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). No

decision of this Court having been delivered to date, we GRANT the motion and DISMISS
the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing

will be entertained, and our mandate will issue forthwith.

                                                        PER CURIAM


Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
4th day of October, 2012.




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