Morris v. State

Full title: GEORGE KELLY MORRIS, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Dec 7, 2006

No. 01-06-00329-CR (Tex. App. Dec. 7, 2006)

Opinion

No. 01-06-00329-CR.

December 7, 2006. DO NOT PUBLISH.

On Appeal from the 253rd District Court, Chambers County, Texas, Trial Court Cause No. 13039.

Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.

PER CURIAM.

MEMORANDUM OPINION

Because appellant's brief had not been filed, we abated this appeal on November 9, 2006, and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal. On November 20, 2006, in response to the November 9, 2006 order of abatement, appellant filed a motion to dismiss the above-referenced appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). We order the appeal reinstated. We have not yet issued a decision. Accordingly, the motion is granted and the appeal is dismissed. The Clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.