Opinion issued January 6, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00763-CR

____________

MARCUS LAMAR JEFFERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 978229

MEMORANDUM OPINION

           On December 23, 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 Chief Justice Radack, and Justices Higley and Bland.

Do not publish.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