Opinion issued September 21, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00745-CR

____________

PHILLIP C. TURNER, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from 174th District Court

Harris County, Texas

Trial Court Cause No. 1070464

MEMORANDUM OPINION

           On August 24, 2006, we abated this appeal and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. We order the appeal reinstated.

          On September 6, 2006, 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.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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