Opinion issued May 17, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-12-00109-CR

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SHAWN REED BIRCH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 4 and Probate Court

Brazoria County, Texas

MEMORANDUM OPINION

Appellant, Shawn Reed Birch, 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 Chief Justice Radack and Justices Higley and Huddle.

Do not publish.   Tex. R. App. P. 47.2(b).