Opinion
No. 01-09-00254-CR
Opinion issued May 7, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 339th District Court Harris County, Texas, Trial Court Cause No. 1165559.
Panel consists of Justices JENNINGS, KEYES, and HIGLEY.
MEMORANDUM OPINION
The trial court pronounced sentence in cause number 116559 on March 17, 2009. Appellant's counsel filed a timely motion for new trial and a notice of appeal See Tex. R. App. P. 21.4, 26.2. On April 21, 2009, appellant's counsel, Brian W. Wice, 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 have not yet issued a decision. Accordingly, the motion is granted and the appeal is dismissed. Any pending motions are denied as moot. The Clerk of this Court is directed to issue the mandate within 15 days. Tex. R. App. P. 18.1.
Counsel's motion also informed this Court that the trial court granted appellant's motion for new trial on April 21, 2009.