Opinion issued June 7, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00206-CR

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JOSLYN CORTEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1080535

MEMORANDUM OPINION

On May 9, 2007, appellant Joslyn Cortez filed a motion to dismiss and withdraw the above- referenced appeal. Attached to the motion is a copy of the trial court's April 9, 2007 order granting appellant a new trial in cause number 1080535. We have not yet issued a decision. See Tex. R. App. P. 42.2(a). 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 Taft, Jennings, and Alcala.

Do not publish.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