Opinion issued February 28, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00213-CR

____________

MARTIN LEE GARZA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 10th Judicial District Court

Galveston County, Texas

Trial Court Cause No. 05CR2295

MEMORANDUM OPINION

Appellant, Martin Lee Garza, 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, we grant the motion and dismiss the appeal.

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

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Bland.

Do not publish.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