Summary
concluding that State's appeal from denial of pretrial order granting motion to suppress was rendered moot by trial court's subsequent vacating of that order
Summary of this case from Mosley v. StateOpinion
No. 14-08-00922-CR
Opinion Filed October 30, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the County Court at Law No. 3, Fort Bend County, Texas, Trial Court Cause No. 120679.
Panel consists of Chief Justice HEDGES and Justices YATES and BROWN.
MEMORANDUM OPINION
The State filed a notice of appeal from the trial court's order signed September 30, 2008, granting appellee's motion to suppress. On October 21, 2008, appellee filed a motion to dismiss the appeal because the trial court vacated its September 30, 2008, order granting the motion to suppress. A copy of the order is attached to appellee's motion. Therefore, this appeal has been rendered moot. Accordingly, we grant appellee's motion and order the appeal dismissed. We direct the Clerk of the Court to issue the mandate of the Court immediately.