                            NUMBER 13-12-00128-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

THE STATE OF TEXAS,                                                         Appellant,

                                           v.

ROBERT JOHN HATHORN,                                 Appellee.
____________________________________________________________

           On Appeal from the County Court at Law No. 5
                    of Nueces County, Texas.
____________________________________________________________

                            MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Rodriguez and Garza
                     Memorandum Opinion Per Curiam

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

Mark Skurka, 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Do not publish.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
3rd day of May, 2012.




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