                            NUMBER 13-10-00010-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

THE STATE OF TEXAS,                                                         Appellant,

                                           v.

MARCO ANTONIO RODRIGUEZ,                            Appellee.
____________________________________________________________

             On appeal from the 404th District Court
                  of Cameron County, Texas.
____________________________________________________________

                            MEMORANDUM OPINION

            Before Justices Rodriguez, Garza, and Benavides
                    Memorandum Opinion Per Curiam

      Appellant, the State of Texas, by and through the Cameron County (District)

Attorney, the Honorable Armando R. Villalobos, 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Do not publish. See TEX . R. APP. P. 47.2(b).

Delivered and filed the 11th
day of February, 2010.




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