Opinion issued January 15, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00764-CR

____________

THE STATE OF TEXAS, Appellant

V.

LATRESA MICHELLE MOORE Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1089990

MEMORANDUM OPINION

On December 2, 2008, appellant, Latresa Michelle Moore, 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 Chief Justice Radack, and Justices Nuchia ⁽¹⁾ and Higley.

Do not publish.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

1.Justice Sam Nuchia, who retired from the First Court of Appeals on January 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on January 14, 2009.