Opinion
No. 01-10-00902-CR
Opinion issued May 12, 2011. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On Appeal from the 185th District Court, Harris County, Texas, Trial Court Cause No. 1270359.
Panel consists of Justices KEYES, SHARP, and MASSENGALE.
MEMORANDUM OPINION
Appellant, Cedric Jackson, was charged with aggravated robbery in the above-referenced case. On September 28, 2010, appellant filed an interlocutory appeal, challenging the trial court's August 30, 2010 denial of his motion to suppress. On December 7, 2010, the trial court dismissed the underlying case on the State's motion. No motion to withdraw the notice of appeal has been filed. See TEX. R. APP. P. 42.2. However, the appeal was rendered moot by the order granting the motion to dismiss the underlying case. See Jack v. State, 149 S.W.3d 119, 123 n. 10 (Tex. Crim. App. 2004) (stating that appeal becomes moot when judgment of appellate court cannot affect existing controversy or cannot affect parties' rights). An appellate court is prohibited from deciding a moot controversy. See Ex parte Flores, 130 S.W.3d 100, 104-05 (Tex. App.-El Paso 2003, pet. ref'd). Accordingly, because the appeal is moot, we dismiss for lack of jurisdiction. See TEX. R. APP. P. 43.2(f). Further, we dismiss any pending motions as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.