Opinion issued December 13, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-09-01125-CR ——————————— ANDRES GILBERTO FLORES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 09-DCR-051481

MEMORANDUM OPINION Appellant, Andres Gilberto Flores, has filed a “Withdrawal of Notice of Appeal and Voluntary Dismissal of Appeal,” in which he “requests that his appeal be dismissed.” The Court construes this filing as a motion to dismiss the appeal.

The motion is signed by appellant and his attorney. See TEX. R. APP. P. 42.2(a).

We have not issued a decision in the appeal.

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 Jennings, Higley, and Sharp.

Do not publish.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