Opinion issued January 31, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-01126-CR ——————————— THE STATE OF TEXAS, Appellant V. COLTON REED THOMSON, Appellee

On Appeal from the County Criminal Court at Law No. 15 Harris County, Texas Trial Court Cause No. 1862701

MEMORANDUM OPINION On December 5, 2012, appellant, the State of Texas, appealed from the trial court’s order granting habeas relief in favor of appellee, Colton Reed Thomson.

See TEX. CODE CRIM. PROC. ANN. 44.01 (West Supp. 2012). The State 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 yet issued a decision in the appeal. See TEX. R. APP. P. 42.2(b). The Clerk of this Court has sent a duplicate copy to the trial court clerk. See TEX. R. APP. P. 42.2(a).

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 Chief Justice Radack and Justices Higley and Brown.

Do not publish.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