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Jackson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
May 2, 2013
NO. 02-12-00572-CR (Tex. App. May. 2, 2013)

Opinion

NO. 02-12-00572-CR

05-02-2013

BRIAN DUMONT JACKSON APPELLANT v. THE STATE OF TEXAS STATE


FROM THE COUNTY COURT AT LAW OF COOKE COUNTY


MEMORANDUM OPINION

On November 1, 2012, the trial court convicted Appellant Brian Dumont Jackson of driving while intoxicated and sentenced him to three days' confinement and an $850 fine. Jackson timely filed a motion for new trial and notice of appeal on November 27, 2012. See Tex. R. App. P. 21.4(a), 26.2(a)(2). The trial court subsequently granted his motion for new trial on December 18, 2012, and set the case for a jury trial to be held on May 14, 2013.

On January 9, 2013, we notified Jackson that the appeal appears to be moot because the trial court granted his motion for new trial. See Tex. R. App. P. 21.9(b). We requested that he file a response stating grounds to continue the appeal on or before January 22, 2013, if he desired to continue the appeal. See Tex. R. App. P. 44.3. No response was filed.

Accordingly, because the trial court granted Jackson's motion for new trial, making any appeal from the original judgment moot, we dismiss this appeal. See Tex. R. App. P. 21.9(b), 43.2(f).

PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)

See Tex. R. App. P. 47.4.


Summaries of

Jackson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
May 2, 2013
NO. 02-12-00572-CR (Tex. App. May. 2, 2013)
Case details for

Jackson v. State

Case Details

Full title:BRIAN DUMONT JACKSON APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: May 2, 2013

Citations

NO. 02-12-00572-CR (Tex. App. May. 2, 2013)