The State of Texas v. Kyle Tyrone WarnerAppeal from County Court at Law No. 15 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00217-CR The STATE of Texas, Appellant v. Kyle Tyrone WARNERAppellee Kyle Tyrone WARNER, Appellee From the County Court at Law No. 15, Bexar County, Texas Trial Court No. 390617 The Honorable Michael La Hood, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: July 17, 2013 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant, the State of Texas, filed a motion to dismiss this appeal. The motion is granted, and this appeal is dismissed. 1 See TEX. R. APP. P. 42.2(a). PER CURIAM DO NOT PUBLISH 1 During the pendency of this appeal, appellee Kyle Tyrone Warner filed a motion to remand this matter to the trial court to allow the trial court to advise this court what portion of a DVD was viewed by the trial court in making its determinations in this case. We ordered the motion carried with the appeal. Given the State s motion to dismiss, we withdraw our order carrying the motion with the appeal and DENY the motion as moot.

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