IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-77,090

RUBEN GUTIERREZ, Appellant v. THE STATE OF TEXAS ON DIRECT APPEAL FROM THE COURT’S ORDER DENYING MOTION TO RECALL ORDER SETTING EXECUTION DATE AND WARRANT OF EXECUTION FILED IN CAUSE NO. 98-CR-1391-A IN THE 107 TH JUDICIAL DISTRICT COURT CAMERON COUNTY Per curiam.

OPINION This is a direct appeal of the trial court’s order denying appellant’s motion to recall the order setting an execution date and warrant of execution filed in the 107 th Judicial District Court of Cameron County, Cause No. 98-CR-1391-A styled The State of Texas v. Ruben Gutierrez. Appellant has acknowledged that he cannot appeal this order and has “withdraw[n] his notice of appeal related to this matter filed in the trial court September Gutierrez – 2 19, 2019.” The appeal is, therefore, dismissed.

Do not publish Delivered: October 11, 2019