












COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH



NO. 2-05-163 -CV



GRADY ALLEN DAVIS	APPELLANT



V.



STATE OF TEXAS	APPELLEE

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FROM THE 158
TH
 DISTRICT 
COURT OF DENTON COUNTY

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MEMORANDUM OPINION
(footnote: 1) AND JUDGMENT

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We have considered appellant’s request to dismiss the appeal.  It is the court's opinion that the request should be granted; therefore, we dismiss the appeal.  
See
 T
EX.
 R. A
PP.
 P. 42.1(a)(1), 43.2(f).



PER CURIAM

PANEL D: GARDNER, WALKER, and MCCOY, JJ.



MCCOY, J., dissents without opinion.
(footnote: 2) 



DELIVERED: September 29, 2005

FOOTNOTES
1:See
 
Tex. R. App. P. 47.4.


2:McCoy, J., would interpret Appellant’s request as a motion to abate and abate the appeal for five years.


