Opinion issued December 6, 2007

In The

Court of Appeals

For The

First District of Texas

______________

NO. 01-06-00147-CR

____________

AVERY RAY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1030654

MEMORANDUM OPINION

On October 11, 2007, appellant filed a motion to dismiss his appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). We have not yet issued an opinion. 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 Justices Nuchia, Keyes, and Higley.

Do not publish.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