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Lamb v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 28, 2010
No. 05-09-00836-CR (Tex. App. Jun. 28, 2010)

Opinion

No. 05-09-00836-CR

Opinion Filed June 28, 2010. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the 401st District Court, Collin County, Texas, Trial Court Cause No. 401-80346-08.

Before Justices MORRIS, MOSELEY, and LANG.


MEMORANDUM OPINION


Steven Douglas Lamb was convicted of sexual assault and sentenced to seven years imprisonment in the Institutional Division of the Texas Department of Criminal Justice. On appeal, Appellant claims the judgment did not provide him the back-time credit announced by the trial court and the judgment of conviction should be reformed. However, as noted by the State, after the appeal was perfected, the parties submitted an agreed order nunc pro tunc that Appellant was entitled to nineteen days back time credit. Appellate courts are prohibited from deciding moot controversies. See Ex parte Flores, 130 S.W.3d 100, 104-05 (Tex. App.-El Paso 2003, no pet.). A case becomes moot on appeal when the judgment of the appellate court can no longer have an effect on an existing controversy or cannot affect the rights of the parties. Jack v. State, 149 S.W.3d 119, 123 n. 10 (Tex. Crim. App. 2004) (citing VE Corp. v. Ernst Young, 860 S.W.2d 83, 84 (Tex. 1993) (per curiam)). If a case is moot, the appellate court is required to vacate any judgment or order in the trial court and dismiss the case. City of Dallas v. Woodfield, 305 S.W.3d 412, 416 (Tex. App.-Dallas 2010, no pet.) (citing Speer v. Presbyterian Children's Home Serv. Agency, 847 S.W.2d 227, 228 (Tex. 1993)); see Martinez v. State, 826 S.W.2d 620 (Tex. Crim. App. 1992). Because the trial court has entered a nunc pro tunc judgment, Appellant's sole issue on appeal is moot. Accordingly, we dismiss the appeal as moot.


Summaries of

Lamb v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 28, 2010
No. 05-09-00836-CR (Tex. App. Jun. 28, 2010)
Case details for

Lamb v. State

Case Details

Full title:STEVEN DOUGLAS LAMB, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 28, 2010

Citations

No. 05-09-00836-CR (Tex. App. Jun. 28, 2010)

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