Opinion issued August 28, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00722-CR

____________

ESTEBAN GARZA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 1066269

MEMORANDUM OPINION

           On August 6, 2009, 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 within 10 days. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Bland.

Do not publish.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