Opinion issued June 4, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-09-00342-CR

____________

ROBERT CHRISTOPHER BATES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Court Cause No. 84431

MEMORANDUM OPINION

           On May 19, 2009, appellant, Robert Christopher Bates, 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. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Higley.

Do not publish.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