Cory Joe Locke was convicted in a single trial for the offenses of murder, aggravated kidnapping, burglary of a habitation with intent to commit theft, and aggravated robbery with a deadly weapon. This appeal concerns only his conviction for burglary of a habitation with intent to commit theft. The causes have been appealed separately and have been briefed together.

Since the briefs and arguments raised therein are identical in all appeals, for the reasons stated in Locke v. State, cause number 06-06-00210-CR, we likewise resolve the issues in this appeal in favor of the State.

We affirm the judgment of the trial court.

Josh R. Morriss, III

Chief Justice

Date Submitted: June 22, 2007

Date Decided: July 3, 2007

Do Not Publish

tyle="text-align: center">Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          After a judgment terminating the parental rights of Keith and Holli Renfro, the Renfros each filed a motion for new trial and a notice of appeal. The trial court has granted a new trial as to both parents. Therefore, the Renfros have filed their joint motion to dismiss appeal. The Renfros' motion complies with the requirements set forth in Tex. R. App. P. 42.1. The rule authorizes this Court to dismiss an appeal on the filing of a proper motion by the appellant.

          Accordingly, we grant the motion and dismiss the appeal.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      April 21, 2004

Date Decided:         April 22, 2004