Opinion issued May 7, 2009
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-09-00254-CR
____________
JAMES THYE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Cause No. 1165559
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. (1) 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.PER CURIAM
Panel consists of Justices Jennings, Keyes, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).
1. Counsel's motion also informed this Court that the trial court granted
appellant's motion for new trial on April 21, 2009.