Opinion issued April 3, 2014

In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00227-CR ——————————— IN RE THE STATE OF TEXAS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION On March 18, 2014, Relator, The State of Texas, filed a petition for writ of mandamus with this Court requesting a jury charge instruction be set aside.* On March 19, 2014, Relator filed a motion to withdraw the petition for writ of mandamus. No prior opinion has been issued on Relator’s petition for writ of mandamus. * The underlying case is The State of Texas v. Sean Michael McGuire, cause number 10-DCR-55,898, pending in the 240th Judicial District Court of Fort Bend County, Texas, the Honorable Donald Higginbotham presiding.

We grant the motion and dismiss the petition for writ of mandamus.

PER CURIAM Panel consists of Justices Keyes, Bland, and Brown.

Do not publish.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