Richard Gerard Kimball v. The State of Texas--Appeal from 252nd District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-09-00367-CR ____________________ RICHARD GERARD KIMBALL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 75396 MEMORANDUM OPINION We have before the Court a motion from the appellant, Richard Kimball, to dismiss his appeal pursuant to T EX. R. A PP. P. 42.2. The motion is signed by appellant personally after counsel filed a brief which certifies that counsel could find no arguable error upon which to base an appeal. We therefore treat the motion to withdraw the appeal as agreed to by counsel. See T EX. R. A PP. P. 2, 42.2. No opinion has issued in this appeal. 1 It is ORDERED that the motion to withdraw the notice of appeal is GRANTED, and the appeal is therefore DISMISSED. The Clerk of the Court shall forward a duplicate copy of this opinion to the clerk of the court in which the notice of appeal was filed. APPEAL DISMISSED. __________________________________ CHARLES KREGER Justice Opinion Delivered November 12, 2009 Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2

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