Opinion issued January 20, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00587-CV

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RICHARD ANGELO LUNA, Appellant

V.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellee

On Appeal from the 412th District Court

Brazoria County, Texas

MEMORANDUM OPINION

Appellant has filed a motion to dismiss the appeal.  No opinion has issued.  Accordingly, we grant the motion and dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1).

Appellant additionally requests that we “modify the trial court’s dismissal ‘with prejudice’ to remove any strikes against him, or any prejudices noted against him.”  Because we dismiss the appeal on appellant’s request, we do not reach whether error exists in the judgment.

 We dismiss all other pending motions.  We direct the Clerk to issue the mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

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