Opinion issued February 25, 2010

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00063-CR

____________

JODY BIVENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 1116955

MEMORANDUM OPINION

           On February 9, 2010, appellant, Jody Bivens, filed a motion to dismiss his 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, we grant the motion and dismiss the appeal.

          We direct the Clerk of this Court to issue the mandate within 15 days. See 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Do not publish.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).