NO. 07-09-0115-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D NOVEMBER 25, 2009 ______________________________ JAMES WARREN BRIGHT, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 16,336; HONORABLE KELLY G. MOORE, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ON MOTION TO DISMISS

Pending before this court is appellant’s motion to dismiss the appeal of his underlying case brought under Chapter 64 of the Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. articles 64.01-64.05 (Vernon 2006 & Supp. 2009). Appellant, appearing pro se, signed the motion. Tex. R. App. P. 42.2(a). No decision of this court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell Justice Do not publish.