Bobby Lee Moreno v. State

Opinion

Dismissed and Memorandum Opinion filed June 10, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-08-00972-CR

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BOBBY LEE MORENO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 54,772

M E M O R A N D U M   O P I N I O N

Appellant filed a notice of appeal from his conviction for aggravated sexual assualt.  He also filed a motion for new trial, which the trial court granted.  The State appealed the granting of the motion for new trial.  This court abated appellant’s appeal pending resolution of the State’s appeal.  We subsequently affirmed the trial court’s ruling granting the motion for new trial.  See State v. Moreno, 297 S.W.3d 512 (Tex. App.—Houston [14th Dist.] 2009, pet. ref’d).  Because the Court of Criminal Appeals refused the State’s petition for discretionary review, and the time for rehearing has passed, the ruling on the motion for new trial is final.  Therefore, appellant’s appeal of the judgment of conviction has been rendered moot.

On May 17, 2010, this court notified the parties of its intention to dismiss this appeal as moot.  No objection was filed.

Accordingly, we dismiss appellant’s appeal.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).