Opinion issued August 30, 2012.

In The Court of Appeals For The First District of Texas ———————————— NO. 01-11-00845-CR ——————————— LARRY F. ERNESTON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Fort Bend County, Texas Trial Court Cause No. 98-CCR-077087

MEMORANDUM OPINION Appellant, Larry F. Erneston, 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 a decision in the appeal.

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

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 Jennings and Keyes.

Do not publish.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