Gray v. State

Full title: Jonathan Ray Gray, Appellant v. The State of Texas, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Aug 28, 2015

NO. 03-15-00235-CR (Tex. App. Aug. 28, 2015)

Opinion

NO. 03-15-00235-CR

08-28-2015

Jonathan Ray Gray, Appellant v. The State of Texas, Appellee

Bob Pemberton, Justice

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 72768, HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION

Appellant Jonathan Ray Gray has filed a motion to dismiss this appeal, advising that the district court has since granted him a new trial, rendering this appeal moot.¹ The record, which contains the district court's order granting the motion for new trial, confirms Gray's assertions. Accordingly, we grant Gray's motion and dismiss the appeal for want of jurisdiction.²

1 See Tex. R. App. P. 21.9(b).

2 See Tex. R. App. P. 43.2(f). In his motion to dismiss, Gray also prays that we remand the cause to the district court for new trial. The need for such additional relief was itself rendered moot by the district court's order granting a new trial, which served to "restore[] the case to its position before the former trial." See Tex. R. App. P. 21.9(b). --------

/s/_________

Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Field Dismissed for Want of Jurisdiction Filed: August 28, 2015 Do Not Publish