Opinion issued December 13, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00122-CR ——————————— JAVIER RODARTE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 9 Harris County, Texas Trial Court Cause No. 1768738 MEMORANDUM OPINION Appellant, Javier Rodarte, has filed a motion to dismiss the appeal. The motion complies with Texas Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a). We have not issued an opinion in the appeal. See TEX. R. APP. P. 42.2(b).

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Massengale, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).