                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-16-00332-CR
                           ____________________

                  DAVID RICHARD SMOTHERS, Appellant

                                        V.

                       THE STATE OF TEXAS, Appellee
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                   On Appeal from the 359th District Court
                        Montgomery County, Texas
                      Trial Cause No. 12-04-03934-CR
________________________________________________________         _____________

                          MEMORANDUM OPINION

      David Richard Smothers has filed a motion to dismiss his appeal. See Tex.

R. App. P. 42.2. A request to dismiss the appeal is signed by the appellant

personally and joined by counsel of record. No opinion has issued in this appeal.

The motion is granted, and the appeal is therefore dismissed.

      APPEAL DISMISSED.
                                             ___________________________
                                                    HOLLIS HORTON
                                                          Justice
Submitted on December 27, 2016
Opinion Delivered December 28, 2016
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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