James Stanton Rudolph v. State

• Court: Court of Appeals of Texas
• Decided: March 7, 2018
• Docket: 10-17-00172-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-17-00172-CR

JAMES STANTON RUDOLPH, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2015-706-C2

MEMORANDUM OPINION

James Stanton Rudolph filed a notice of appeal for his convictions for aggravated

sexual assault of a child and indecency with a child. On February 15, 2018, the State filed

a motion to dismiss the appeal as moot. The State informed this Court that the parties

agreed to modify the terms of Rudolph’s community supervision and that the trial court

entered an order modifying the terms of community supervision on February 8, 2018.

This Court requested a response from Appellant on the motion. Appellant filed a response on February 22, 2018 agreeing that the trial court modified the conditions of his

community supervision and thereby eliminating the error complained of on appeal.

Appellant agreed that the modification rendered the appeal moot. Because the sole issue

on appeal is moot, the motion to dismiss the appeal is granted, and the appeal is

dismissed. Dismissal of the appeals would not prevent a party from seeking relief to

which it would otherwise be entitled.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed March 7, 2018 Do not publish [CR25]

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