Opinion issued November 19, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00846-CR ——————————— OSCAR HERNANDEZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court1 Harris County, Texas Trial Court Case No. 1400041

MEMORANDUM OPINION On October 29, 2013, Oscar Hernandez filed Appellant’s Motion to Dismiss Appeal in which he states that he no longer wishes to pursue this appeal. The

Trial court judge: Hon. Ryan Patrick Counsel for appellant: Angela Cameron Counsel for State: Alan Curry, Devon Anderson motion is signed by the appellant and his attorney, in compliance with Texas Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a). No opinion has issued and although appellants failed to include a certificate of conference in their motion, more than 10 days have passed and no party has responded to the motion.

See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.2(a); 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Jennings, Sharp, and Brown.

Do not publish.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