Opinion issued November 18, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00996-CR

____________

FRANKLIN ISAIS PINEDA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 972962

MEMORANDUM OPINION

                On November 5, 2004, appellant filed a motion to dismiss the above-referenced appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a).

               We have not yet issued a decision. Accordingly, the appeal is dismissed.

               The Clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).