Opinion issued April 15, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00125-CR

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Rodney Dewayne Banks, Appellant

V.

The State of Texas, Appellee

On Appeal from the County Criminal Court at Law No. 12

Harris County, Texas

MEMORANDUM OPINION

          On April 5, 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.  Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland.

Do not publish.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