State v. Gordon Graves

Opinion

NUMBER 13-09-00071-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

THE STATE OF TEXAS, Appellant,

v.

GORDON GRAVES, Appellee. ____________________________________________________________

On appeal from the 214th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Yañez, Benavides, and Vela Memorandum Opinion Per Curiam

This appeal was abated by this Court on August 14, 2009, on the State’s “Joint

Motion to Abate and Remand for Plea Negotiations.” This cause is now before the Court

because the State, by and through its Criminal Assistant District Attorney, the Honorable

Michelle C. Hayes, has filed a motion for dismissal of its appeal pursuant to Rule 42.2 of

the Texas Rules of Appellate Procedure. See TEX . R. APP. P. 42.2(a). Accordingly, this case is hereby REINSTATED. No decision of this Court having been delivered to date, we

grant the motion and dismiss the appeal. Having dismissed the appeal at appellant's

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Do not publish. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and filed this 1st day of October, 2009.