Opinion issued February 2, 2012.

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-10-01108-CR

———————————

edward acuna, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

MEMORANDUM OPINION

Appellant, Edward Acuna, 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.

The appeal is presently abated.  Accordingly, we reinstate the appeal and dismiss.  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 Keyes, Bland, and Sharp.

Do not publish.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