In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-13-00339-CR ________________ RAY EARNEST A/K/A RAY ERNEST MINGO A/K/A EARNEST RAY MINGO A/K/A ERNEST RAY MINGO, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 11-11528 __________________________________________________________________ MEMORANDUM OPINION Appellant Ray Earnest a/k/a Ernest Mingo a/k/a Earnest Ray Mingo a/k/a Ernest Ray Mingo filed a motion to dismiss his appeal pursuant to Tex. R. App. 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 dismiss the appeal as agreed to by counsel. See Tex. R. App. 42.2. No opinion has issued in this appeal. 1 It is ORDERED that the motion to dismiss the appeal is GRANTED, and the appeal is therefore DISMISSED. APPEAL DISMISSED. ______________________________ STEVE McKEITHEN Chief Justice Opinion Delivered January 15, 2014 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2