*1 In The Court of Appeals Ninth District of Texas at Beaumont

____________________ NO. 09-16-00332-CR ____________________ DAVID RICHARD SMOTHERS, Appellant

V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 359th District Court

Montgomery County, Texas Trial Cause No. 12-04-03934-CR ________________________________________________________ _____________

MEMORANDUM OPINION David Richard Smothers has filed a motion to dismiss his appeal. See Tex.

R. App. P. 42.2. A request to dismiss the appeal is signed by the appellant personally and joined by counsel of record. No opinion has issued in this appeal. The motion is granted, and the appeal is therefore dismissed.

APPEAL DISMISSED.

___________________________ HOLLIS HORTON Justice Submitted on December 27, 2016

Opinion Delivered December 28, 2016

Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.

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