Opinion
03-23-00741-CR
12-14-2023
The State of Texas, Appellant v. Stephan Anthony Burney, Appellee
Do Not Publish
FROM THE 466TH DISTRICT COURT OF COMAL COUNTY NO. CR2018-830D, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Kelly and Theofanis, J.
MEMORANDUM OPINION
Darlene Byrne, Chief Justice.
The State moves to dismiss its appeal as moot because the trial court's signed Mistrial Order without prejudice expressly rescinded the challenged part of its oral order dismissing the case with prejudice after a mistrial. We grant the motion and dismiss this appeal.
Dismissed.