KENNETH K. MCMILLAN APPELLANT v. THE STATE OF TEXAS STATE FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY We have considered “Appellants Motion To Withdraw Notice Of Appeal And Dismiss Appeal. The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex.R.App. P. 42.2(a). No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex.R.App. P. 42.2(a), 43.2(f). PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
MEMORANDUM OPINION1 AND JUDGMENT
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DO NOT PUBLISH
Tex.R.App. P. 47.2(b)
DELIVERED: October 28, 2010
FN1. See Tex.R.App. P. 47.4.. FN1. See Tex.R.App. P. 47.4.