KENNETH MCMILLAN APPELLANT v. THE STATE OF TEXAS STATE FROM CRIMINAL DISTRICT COURT NO OF TARRANT COUNTY 42 42 42 43 PER CURIAM

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Court of Appeals of Texas, Waco.

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

NO. 2-10-147-CR

Decided: October 29, 2010

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

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DO NOT PUBLISH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

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

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