TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00363-CR NO. 03-05-00364-CR

Tommy Wayne Davis, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NOS. D-1-DC-03-205225 & D-1-DC-04-301944 HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

MEMORANDUM OPINION

Mr. James R. Smith, appellant’s appointed counsel on appeal, moves to withdraw, citing his recent employment by the Texas Court of Criminal Appeals. The motion is granted. The appeals are abated and the district court is ordered to immediately appoint substitute counsel. A copy of the order of appointment shall be delivered to this Court no later than August 24, 2005.

__________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Patterson and Puryear Filed: August 19, 2005 Do Not Publish