Opinion
No. 07-17-00219-CR
10-30-2017
EX PARTE MALLORIE BROOK BASIO
On Appeal from the 35th District Court Brown County, Texas
Trial Court No. CR23937-A , Honorable Stephen Ellis, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PARKER, JJ.
The State appealed the trial court's order granting the article 11.072 application for writ of habeas corpus of appellee Mallorie Brooke Basio, setting aside the order deferring adjudication and imposing community supervision on appellee, and granting appellee a new trial. See TEX. CODE CRIM. PROC. art. 11.072, § 8 (West 2015); art. 44.01(a)(3), (k) (West Supp. 2016). Now pending before this court is the State's motion to dismiss its appeal, signed by the State's attorney. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at the State's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
By order of the Supreme Court of Texas, this appeal was transferred from the Eleventh Court of Appeals to this court. See TEX. GOV'T CODE ANN. § 73.001 (West 2013).
Per Curiam Do not publish.