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Easter v. State

Court of Appeals of Texas, First District
Aug 11, 2022
No. 01-22-00276-CR (Tex. App. Aug. 11, 2022)

Opinion

01-22-00276-CR

08-11-2022

DARVIN LAMONT EASTER, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish. Tex.R.App.P. 47.2(b).

On Appeal from the County Criminal Court at Law No. 13 Harris County, Texas Trial Court Case No. 2263217

Panel consists of Chief Justice Radack and Justices Landau and Hightower.

MEMORANDUM OPINION

PER CURIAM.

Appellant, David Lamont Easter, has filed a motion to dismiss his appeal from the trial court's judgment because the trial court granted appellant's motion for new trial. The granting of a motion for new trial restores the case to its position before the former trial and renders any appeal moot. See Tex. R. App. P. 21.9(b); Garcia v. State, No. 01-14-00298-CR, 2014 WL 3738051, at *1 (Tex. App.-Houston [1st Dist.] July 29, 2014, no pet.) (mem. op., not designated for publication).

Accordingly, we grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 43.2(f). We dismiss any other pending motions as moot.


Summaries of

Easter v. State

Court of Appeals of Texas, First District
Aug 11, 2022
No. 01-22-00276-CR (Tex. App. Aug. 11, 2022)
Case details for

Easter v. State

Case Details

Full title:DARVIN LAMONT EASTER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District

Date published: Aug 11, 2022

Citations

No. 01-22-00276-CR (Tex. App. Aug. 11, 2022)