                            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.



                                                        PER CURIAM



Do not publish.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

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




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