Opinion issued November 15, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00244-CR ——————————— JOHN O’BRIEN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court Harris County, Texas Trial Court Cause No. 1337021

MEMORANDUM OPINION Appellant, John O’Brien, 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 yet not issued a decision in the appeal. See id. 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 Chief Justice Radack and Justices Bland and Huddle.

Do not publish.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