Opinion issued June 28, 2012.

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00044-CR ——————————— MORRIS CARLTON ATTAWAY, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 10DCR053840

MEMORANDUM OPINION Appellant, Morris Carlton Attaway, Jr., 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. The Clerk of this Court has sent a duplicate copy to the trial court clerk. Id. Accordingly, 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 Justices Higley, Sharp, and Huddle.

Do not publish.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