Opinion
NUMBER 13-17-00106-CR
05-10-2017
On appeal from the 206th District Court of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Contreras, Benavides, and Longoria
Memorandum Opinion by Justice Contreras
Appellant, Donovan Farr, by and through his attorney, has filed a motion to dismiss his appeal without prejudice and to expedite mandate. Appellant states a motion for new trial was granted and the judgment vacated, thereby mooting his appeal of the judgment.
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 without prejudice. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained. The appellant requests immediate issuance of our mandate because a hearing is scheduled for May 10, 2017. See TEX. R. APP. P. 18.1(c). The motion is granted. We direct the clerk to issue the mandate immediately.
DORI CONTRERAS
Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 10th day of May, 2017.