Opinion issued September 11, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00628-CR

____________

THE STATE OF TEXAS, Appellant

V.

KENNETH DEWAYNE RAY, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 55695

MEMORANDUM OPINION

           On August 25, 2008, appellant 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 have not yet issued a decision. 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 Chief Justice Radack, and Justices Nuchia and Higley.

Do not publish.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