Opinion issued May 29, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00333-CR

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IRBY PETER ROZELLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 5

Harris County, Texas

Trial Court Cause No. 1476257

MEMORANDUM OPINION

          On May 26, 2009, appellant filed a motion to dismiss the above-referenced appeal, also requesting that the Court issue mandate instanter. 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 3 days of the date of this memorandum opinion. See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.

Do not publish.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