Opinion issued September 30, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00548-CR

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JAMES LEARTHY WARE, Appellant

V.

The State of Texas, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

MEMORANDUM OPINION

          On September 14, 2010, appellant 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.

We deny any pending motions as moot.

The Clerk is directed to issue mandate within 10 days of the date of this opinion.  Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.

Do not publish.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