Opinion
No. 01-09-00301-CR
Opinion issued May 28, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 174th District Court Harris County, Texas, Trial Court Cause No. 1094952.
Panel consists of Justices JENNINGS, ALCALA, HIGLEY.
MEMORANDUM OPINION
Appellant, Pedro Shepherd, was charged with the offense of murder, in trial court cause number 1094952, and the trial court appointed counsel, R. P. Cornelius, to represent him. Subsequently, the State filed a motion to dismiss which includes as explanation for the dismissal: case refiled as cause number 1204350. On February 27, 2009, the presiding judge of the 174th District Court, granted the State's motion and ordered trial court cause number 1094952 dismissed. See TEX. CODE CRIM. PROC. ANN. Art. 32.02 (Vernon 2008). Although represented by counsel, appellant filed a pro se notice of appeal, and this appeal followed. We find that the appeal of cause number 1094952 is moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex.Crim.App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex.App.-Houston [14th Dist.] 1992, no pet.). Accordingly, we dismiss the appeal as moot. Any pending motions are denied as moot.
The Hon. Ruben Guerrero, 174th District Court, Harris County, Texas.