Opinion
Appellate case number: 01-13-00581-CR Trial court case number: CR 29991
05-08-2014
Lamonte Jermaine Haskett v. The State of Texas
ORDER
Trial court: 75th District Court of Liberty County
On May 2, 2014, counsel for appellant filed a motion to dismiss. The motion is DENIED, as it is not signed by appellant as required by TEX. R. APP. P. 42.2(a).
The motion, however, indicates a Motion for New Trial was granted by the trial court on September 4, 2013. 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).
Our record, however, does not contain an order or transcript of a hearing granting a motion for new trial. The clerk of the trial court is ORDERED, within 30 days of the date of this order, to file a supplemental record containing the order granting a new trial, or verify that no such order exists.
The court reporter is ORDERED, within 30 days of the date of this order, to file a transcript of the September 4, 2013 hearing, or verify that no transcript was taken.
It is so ORDERED. Judge's signature: Harvey Brown
X Acting individually [ ] Acting for the Court