Opinion issued February 5, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00819-CR

____________

CRAIG ANDREW PELDO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1131333

MEMORANDUM OPINION

On January 6, 2009, appellant, Craig Andrew Peldo, filed a motion to dismiss this 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, we grant the motion and dismiss the appeal.

We dismiss any pending motions as moot.

We direct the Clerk of this Court to issue the mandate within 10 days. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Hanks.

Do not publish.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