George Kelly Morris v. State

Opinion issued December 7, 2006













In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-06-00329-CR

____________



GEORGE KELLY MORRIS, Appellant



V.



THE STATE OF TEXAS, Appellee


On Appeal from the 253rd District Court

Chambers County, Texas

Trial Court Cause No. 13039




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.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish. Tex. R. App. P. 47.2(b).