Opinion issued January 28, 2010

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00849-CR

NO. 01-05-00850-CR

____________

SEAN MICHAEL FABER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 9th District Court

Waller County, Texas

Trial Court Cause No. 11579 (Counts I and II)

MEMORANDUM OPINION

On November 20, 2009, appellant, Sean Michael Faber, filed a motion to dismiss this 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. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Massengale.

Do not publish.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