Salas v. State

Full title: YAJAIRA SALAS, APPELLANT v. THE STATE OF TEXAS, STATE

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Feb 17, 2011

No. 02-10-00519-CR (Tex. App. Feb. 17, 2011)

Opinion

No. 02-10-00519-CR

Delivered: February 17, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.2(b)

Appealed from Criminal District Court No. 1 of Tarrant County.

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

MEMORANDUM OPINION ¹

1 See Tex. R. App. P. 47.4.

PER CURIAM.

A jury convicted Appellant Yajaira Salas of intentionally or knowingly committing injury to a child causing bodily injury and assessed her punishment at ten years' confinement, probated for ten years. She filed a timely motion for new trial and notice of appeal. The trial court subsequently granted her motion for new trial. On December 29, 2010, we notified Appellant in writing that based on the trial court's granting of her motion for new trial, this appeal could now be moot. We indicated that unless Appellant or any party filed by January 10, 2011 a response for continuing the appeal, we would dismiss it. We have received no response. Accordingly, because the granting of the motion for new trial restored the case to its position before trial, ² we dismiss this appeal as moot.³

2 See Tex. R. App. P. 21.9.

3 See Tex. R. App. P. 43.2(f).