Opinion issued April 22, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01135-CR

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gerald earl gilbert, Appellant

V.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

MEMORANDUM OPINION

          On March 25, 2010, appellant, Gerald Earl Gilbert, filed a pro se motion requesting to withdraw his notice of appeal.  Given appellant’s expressed desire to forego pursuit of his appeal, we construe his request as a motion to dismiss this appeal.  We have not yet issued a decision.  See Tex. R. App. P. 42.2(a).    Accordingly, we grant the motion and dismiss the appeal.     

          We dismiss any pending motions as moot.

          We direct the Clerk of this Court to issue the mandate within 10 days.  Tex. R. App. P. 18.1. 

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.

Do not publish.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