*1 Opinion issued September 29, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00659-CR ——————————— DERICK MODACURE, Appellant V.

THE STATE OF TEXAS, Appellee On Appeal from the 263rd District Court Harris County, Texas Trial Court Case No. 1472865 MEMORANDUM OPINION Appellant, Derick Modacure, has filed a motion to dismiss his appeal. The motion complies with Texas Rule of Appellate Procedure 42.2(a). See T EX . R. A PP . P. 42.2(a). We have not issued a decision in the appeal. The Clerk of this Court has sent a duplicate copy to the trial court clerk. Id.

Accordingly, we dismiss the appeal. See T EX . R. A PP . P. 43.2(f). We dismiss

any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Huddle.

Do not publish. T EX . R. A PP . P. 47.2(b).

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