*1 In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00427-CR ____________________ MARK DAVID HORAK, Appellant V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 15-08-08449-CR ________________________________________________________________________ MEMORANDUM OPINION Mark David Horak has filed a motion to dismiss his appeal. See Tex. R. App.

P. 42.2(a). 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.

1 *2 APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice Submitted on December 5, 2017

Opinion Delivered December 6, 2017

Do Not Publish

Before Kreger, Horton, and Johnson, JJ.

2