Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance with intent to deliver and sentenced to forty years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Hereford v. State, No. 07-04-00361-CR (Tex. App.-Amarillo, delivered September 23, 2005, no pet.).

Applicant contends that his trial counsel rendered ineffective assistance because he failed to impeach the credibility of Karron Hays, an informant who testified for the State. Specifically, Applicant contends that counsel failed to elicit testimony from Hays that charges were pending against her and that she was working as an informant with local law enforcement authorities.

On September 13, 2006, we remanded the application for findings of fact and conclusions of law. Shortly after the remand, however, Applicant filed a motion to dismiss. The motion is granted, and the application is dismissed. Accordingly, the trial court is no longer required to enter findings of fact and conclusions of law. A copy of this order, together with a copy of Applicant's motion to dismiss, shall be forwarded to the 137^th Judicial District Court of Lubbock County.

Filed: November 1, 2006

Do not publish