Opinion issued November 20, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00389-CR

____________

JOSE ZUNIGA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 05-CR-0242

MEMORANDUM OPINION

On October 29, 2008, appellant, Jose Zuniga, filed a motion to dismiss this 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, we grant the motion and dismiss the appeal.

We dismiss any pending motions as moot.

We direct the Clerk of this Court to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland.

Do not publish.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