Issued June 5, 2008

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00269-CR

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THE STATE OF TEXAS, Appellant

V.

RAYMOND EARL SMITH, Appellee

On Appeal from the 66th Judicial District Court

Hill County, Texas

Trial Court Cause No. 35142

MEMORANDUM OPINION

The State of Texas, appellant, 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 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 Justices Nuchia, Alcala, and Hanks.

Do not publish.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