Darvin Lamont Easter v. the State of Texas
This text of Darvin Lamont Easter v. the State of Texas (Darvin Lamont Easter v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion issued August 11, 2022
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-22-00276-CR ——————————— DARVIN LAMONT EASTER, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 13 Harris County, Texas Trial Court Case No. 2263217
MEMORANDUM OPINION
Appellant, David Lamont Easter, has filed a motion to dismiss his appeal from
the trial court’s judgment because the trial court granted appellant’s motion for new
trial. The granting of a motion for new trial restores the case to its position before
the former trial and renders any appeal moot. See TEX. R. APP. P. 21.9(b); Garcia v. State, No. 01-14-00298-CR, 2014 WL 3738051, at *1 (Tex. App.—Houston [1st
Dist.] July 29, 2014, no pet.) (mem. op., not designated for publication).
Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX.
R. APP. P. 43.2(f). We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).
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