                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                             ____________________

                              NO. 09-12-00534-CR
                             ____________________

                   TERRY LYNDELL BENTON, Appellant

                                         V.

                  THE STATE OF TEXAS, Appellee
_________________________________________________________________ _

                On Appeal from the 252nd District Court
                       Jefferson County, Texas
                       Trial Cause No. 09-07948
_________________________________________________________________ _

                          MEMORANDUM OPINION

      Appellant Terry Lyndell Benton filed a motion to dismiss his appeal

pursuant to Tex. R. App. P. 42.2. The motion is signed by appellant personally

after counsel filed a brief which certifies that counsel could find no arguable error

on which to base an appeal. We therefore treat the motion to dismiss the appeal as

agreed to by counsel. See Tex. R. App. P. 42.2. No opinion has issued in this

appeal.



                                         1
      It is ORDERED that the motion to dismiss the appeal is GRANTED, and the

appeal is therefore DISMISSED.

      APPEAL DISMISSED.




                                           ______________________________
                                                  STEVE McKEITHEN
                                                     Chief Justice


Opinion Delivered May 22, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.




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