Opinion issued August 11, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00613-CR

____________

CARY WAYNE WINKEL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd

Harris County, Texas

Trial Court Cause No. 232nd

MEMORANDUM OPINION

           On August 4, 2005, 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 motion is granted and 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, Keyes, and Bland.

Do not publish.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