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Meyer v. State

Court of Appeals Sixth Appellate District of Texas at Texarkana
Feb 23, 2012
No. 06-12-00023-CR (Tex. App. Feb. 23, 2012)

Opinion

No. 06-12-00023-CR

02-23-2012

JACK H. MEYER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 276th Judicial District Court

Marion County, Texas

Trial Court No. F14162


Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Jack H. Meyer appeals from an order setting his bail during his pending appeal at a level he believes to be excessive. Meyer's motion for new trial on bail has been granted and Meyer has been bench warranted back to Marion County for a new hearing set for February 24, 2012, after which the trial court will vacate its prior order and enter a new order on bail.

Our record contains a copy of that order, and we have now received confirmation from Meyer's counsel that the hearing is to proceed on that date. Counsel contemplates that if the bail is again set at a level that is deemed excessive, another appeal might result from that order, but also recognizes that the appealable order in this case has effectively been canceled by the trial court.

Under these circumstances, we find that this appeal has been mooted by the action of the trial court. Where all issues in an appeal become moot, the appeal should be dismissed. See State v. McCaffrey, 76 S.W.3d 392 (Tex. Crim. App. 2002).

We, therefore, dismiss the appeal as moot.

Bailey C. Moseley

Justice
Do Not Publish


Summaries of

Meyer v. State

Court of Appeals Sixth Appellate District of Texas at Texarkana
Feb 23, 2012
No. 06-12-00023-CR (Tex. App. Feb. 23, 2012)
Case details for

Meyer v. State

Case Details

Full title:JACK H. MEYER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Feb 23, 2012

Citations

No. 06-12-00023-CR (Tex. App. Feb. 23, 2012)