Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 14, 2019

In The Fourteenth Court of Appeals NO. 14-18-00888-CR

THE STATE OF TEXAS, Appellant V. GABRIEL SERNA GARCIA, Appellee On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Cause No. 17-DCR-079362

MEMORANDUM OPINION On October 15, 2018, the State filed an appeal from the trial court’s order granting of a motion to suppress in favor of appellee. See Tex. Code Crim. Proc.

Art. 44.01(a)(5). On March 1, 2019, the State file a motion to dismiss the appeal.

See Tex. R. App. P. 42.2. This court has not issued a decision, and we grant the State’s motion.

The appeal is dismissed. We direct the clerk of the court to issue the mandate of the court immediately.

PER CURIAM Panel consists of Chief Justice Frost and Justices Jewell and Bourliot.

Do Not Publish – Tex. R. App. P. 47.2(b)