Opinion issued May 6, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00273-CR

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Harold McVay, Appellant

V.

The State of Texas, Appellee

On Appeal from the 185th District Court Harris County, Texas

  MEMORANDUM OPINION

          On April 26, 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.

          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 Chief Justice Radack and Justices Alcala and Higley.

Do not publish.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