Opinion issued August 6, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-09-00009-CR

____________

THE STATE OF TEXAS, Appellant

V.

LASZLO GYENES, Appellee

On Appeal from County Criminal Court at Law No. 1

Fort Bend County, Texas

Trial Court Cause No. 134745

MEMORANDUM OPINION

           On May 7, 2009, appellant filed a motion to withdraw the above-referenced State’s appeal. Because we had not yet issued a decision , the motion was granted on May 15, 2009. See Tex. R. App. P. 42.2(a). Accordingly, the appeal is dismissed.

          Any pending motions are denied as moot.

           The Clerk of this Court is directed to issue the mandate within 15 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Do not publish.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).