Opinion issued October 30, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00676-CR

____________

ROBERT NORRIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 6

Harris County, Texas

Trial Court Cause No. 1124550

MEMORANDUM OPINION

Because the reporter's record had not been filed, and because no attorney had made appearance on appellant's behalf, we abated this appeal and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal.

In response to our order of abatement, appellant ⁽¹⁾ has filed a motion to dismiss the above-referenced appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a).

We order the appeal reinstated, and we grant the motion. Accordingly, 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, Keyes, and Hanks.

Do not publish.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

1. Appellant Robert Norris and his counsel have both signed the motion to dismiss.