Opinion issued November 20, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00568-CR

____________

JOHN JOSEPH HARRINGTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Court Cause No. 96086

MEMORANDUM OPINION

           On November 5, 2008, appellant, John Joseph Harrington, 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 Taft, Keyes, and Alcala.

Do not publish.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