James Patrick Fobian v. The State of Texas Appeal from 213th District Court of Tarrant County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-17-00378-CR JAMES PATRICK FOBIAN, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 213th District Court Tarrant County, Texas1 Trial Court No. 1469071D, Honorable Louis E. Sturns, Presiding November 14, 2017 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. Pending before this Court is appellant James Patrick Fobian’s motion to dismiss his appeal. Appellant was convicted of driving while intoxicated, third offense or more,2 and sentenced to five years imprisonment. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, appellant and his attorney have signed the motion. No decision of this Court having been delivered to date, we grant the motion. Accordingly, 1 By order of the Texas Supreme Court, this appeal was transferred to this Court from the Second Court of Appeals. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). 2 TEX. PENAL CODE ANN. §§ 49.04(a), 49.09(b)(2) (West Supp. 2017). the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Per Curiam Do not publish. 2

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