CHIEF JUSTICE Rogelio Valdez JUSTICES Linda Reyna Yañez Nelda V. Rodriguez Dori Contreras Garza Gina M. Benavides Rose Vela CLERK Dorian E. Ramirez | | Nueces County Courthouse Leopard, 10th Floor Corpus Christi, Texas 78401 361-888-0416 (Tel) 361-888-0794 (Fax)

Hidalgo County Administration Bldg.

100 E. Cano, 5th Floor Edinburg, Texas 78539 956-318-2405 (Tel) 956-318-2403 (Fax)

www.13thcoa.courts.state.tx.us | | | |Court of Appeals | | | |Thirteenth District of Texas | | March 19, 2009 TO ALL ATTORNEYS OF RECORD: Re: Cause No. 13-08-00394-CR Tr.Ct.No. 05-CR-1688-F LEE RAY GARCIA v. THE STATE OF TEXAS Dear Attorneys: The appeal in the above cause was this day DISMISSED by this Court. Copies of the memorandum opinion and judgment are enclosed.

In addition, the appellant’s motion to withdraw as counsel, previously carried with the case, was this day GRANTED.

Very truly yours,

Dorian E. Ramirez, Clerk DER:sdb Enclosures cc: Hon. David Fast Hon. Carlos Valdez 214th District Court Hon. Patsy Perez, District Clerk Hon. J. Manuel Banales, Presiding Judge, Fifth Administrative Judicial Region

COURT OF APPEALS Thirteenth District Corpus Christi - Edinburg, Texas Below is the JUDGMENT in the numbered cause set out herein to be Filed and Entered in the Minutes of the Court of Appeals, Thirteenth District of Texas, at Corpus Christi - Edinburg, as of the 19th day of March, 2009. If this Judgment does not conform to the opinion handed down by the Court in this cause, any party may file a Motion for Correction of Judgment with the Clerk of this Court.

CAUSE NO. 13-08-00394-CR (Tr.Ct.No. 05-CR-1688-F) LEE RAY GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.

On appeal to this Court from Nueces County, Texas.

* * * * * * * JUDGMENT

On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed June 10, 2008. Memorandum Opinion Per Curiam. Do not publish. Tex. R. App. P. 47.2(b).

THIS CAUSE was submitted to the Court on March 18, 2009, on the record and the trial court’s findings. The Court, having considered the documents on file, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED.

It is further ordered that this decision be certified below for observance.

* * * * * * * DORIAN E. RAMIREZ, CLERK | | | | |CHIEF JUSTICE | |Nueces County Courthouse | |Rogelio Valdez | |901 Leopard, 10th Floor | | | |Corpus Christi, Texas 78401 | |JUSTICES | |361-888-0416 (Tel) | |Linda Reyna Yañez | |361-888-0794 (Fax) | |Nelda V. Rodriguez | | | |Dori Contreras Garza | |Hidalgo County | |Gina M. Benavides | |Administration Bldg. | |Rose Vela | |100 E. Cano, 5th Floor | | | |Edinburg, Texas 78539 | |CLERK | |956-318-2405 (Tel) | |Dorian E. Ramirez | |956-318-2403 (Fax) | | | | | | | |www.13thcoa.courts.state.tx.us | | |Court of Appeals | | | |Thirteenth District of Texas | | July 6, 2009 Hon. Patsy Perez District Clerk Nueces County Courthouse Leopard Street, Suite #313 Corpus Christi, TX 78401 RE: Cause Number: 13-08-00394-CR Tr. Ct. Number: 05-CR-1688-F Style: LEE RAY GARCIA v. THE STATE OF TEXAS DOB: 09/15/79; DPS: N/A; SID: 10089565; Race: Hispanic; Gender: Male Dear Ms. Perez: The appeal in the above cause was DISMISSED by this Court on the 19th day of March, 2009. The mandate is enclosed.

Tex R. App. P. 51.2(a)(1) provides that the clerk of the trial court shall send an acknowledgment to the clerk of the appellate court of the receipt of the mandate. Please review the requirements of Tex. R. App. P. 51.2(b) regarding the issuance of a capias in cases in which the trial court’s judgment is affirmed and the defendant is not in custody.

Please sign the attached acknowledgment of receipt of the mandate and return the same to this office as soon as possible.

Respectfully submitted,

Dorian E. Ramirez, Clerk

DER:sdb Enclosure cc: Hon. David Fast Hon. Carlos Valdez I hereby acknowledge receipt of the mandate in cause no. 13-08-00394-CR this ________ day of _________________, 2009.

District Clerk, ________________ County By:_____________________

M A N D A T E TO THE 214TH DISTRICT COURT OF NUECES COUNTY, GREETINGS: Before our Court of Appeals for the Thirteenth District of Texas, on the 19th day of March, 2009, the cause upon appeal to revise or reverse your judgment between LEE RAY GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.

CAUSE NO. 13-08-00394-CR (Tr.Ct.No. 05-CR-1688-F) was determined; and therein our said Court made its order in these words: MINUTES vol/page 20/130 On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed June 10, 2008. Memorandum Opinion Per Curiam. Do not publish. Tex. R. App. P. 47.2(b).

THIS CAUSE was submitted to the Court on March 18, 2009, on the record and the trial court’s findings. The Court, having considered the documents on file, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED.

It is further ordered that this decision be certified below for observance * * * * * * * WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Thirteenth District of Texas, in this behalf, and in all things have it duly recognized, obeyed and executed.

WITNESS, the Hon. Rogelio Valdez, Chief Justice of our Court of Appeals, with the seal thereof affixed, at the City of Edinburg, Texas, this the 6th day of July, 2009.

DORIAN E. RAMIREZ, CLERK

By: ________________________________ DEPUTY CLERK ----------------------- [pic] [pic]