Opinion issued February 23, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00951-CR

____________

TIMOTHY PIERCE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 9

Harris County, Texas

Trial Court Cause No. 1293116

MEMORANDUM OPINION

           On February 9, 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.

          Any pending motions are denied as moot.

          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 Alcala

Do not publish.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