Opinion issued May 7, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-01037-CR

____________

RANDY ELLIOT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court At Law No. 10

Harris County, Texas

Trial Court Cause No. 1567755

MEMORANDUM OPINION

           On March 31, 2009, appellant, Randy Elliot, 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, Keyes, and Higley

Do not publish.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