Opinion issued January 24, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00808-CR

____________

THE STATE OF TEXAS, Appellant

V.

GREGORY ROCIO, Appellee

On Appeal from the 387th Judicial District Court

Fort Bend County, Texas

Trial Court Cause No. 43466

MEMORANDUM OPINION

The State of Texas 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 Justices Taft, Keyes, and Alcala.

Do not publish.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