Opinion issued June 3, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00305-CR

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Harold Elgin Johnson, Appellant

V.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

MEMORANDUM OPINION

          Appellant, Harold Elgin Johnson, has 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 as moot any pending motions.

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

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Higley.

Do not publish.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