Opinion issued August 20, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00390-CR ——————————— HERBERT WAYNE LEE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas Trial Court Case No. 1345363

MEMORANDUM OPINION Appellant, Herbert Wayne Lee, has filed a “Motion to Dismiss Appeal.” We have not issued a decision in the appeal, and the motion complies with rule 42.2(a).

See TEX. R. APP. P. 42.2(a). Further, although the motion does not contain a certificate of conference, the motion contains a certificate of service stating that it was served on the State and has been on file with the Court for more than 10 days, and the State has not responded or otherwise expressed opposition to the motion.

See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

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

Panel consists of Justices Keyes, Higley, and Bland.

Do not publish.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