Opinion issued June 16, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00246-CR

____________

THOMAS ORTIZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County criminal Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 1253663

MEMORANDUM OPINION

           On June 3, 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 Chief Justice Radack, and Justices Jennings and Hanks.

Do not publish.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