Opinion issued September 24, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00818-CR

____________

KEVIN BUBIEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1115828

MEMORANDUM OPINION

          On September 16, 2009, appellant, KEVIN BUBIEN, filed a motion to “withdraw notice of appeal” which we construe as a motion to dismiss his appeal. The motion includes the signature of both counsel and appellant. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. See Tex. R. App. P. 42.2(a).

          Any pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.