Juan Antonio Soliz v. State

• Court: Court of Appeals of Texas
• Decided: January 15, 2003
• Docket: 04-02-00838-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-02-00838-CR

Juan Antonio SOLIZ,

Appellant

v.

The STATE of Texas,

Appellee

From County Court, Uvalde County, Texas

Trial Court No. 2002-27165

Honorable William R. Mitchell, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: January 15, 2003

DISMISSED AS MOOT

On September 5, 2002, appellant filed a notice of appeal complaining of the trial court's judgment dated September 2, 2002. The clerk's record does not contain a copy of the judgment. Assuming the trial court imposed sentence on September 2, 2002, appellant's motion for new trial was due on October 7, 2002. Appellant filed a motion for new trial on October 2, 2002. On November 21, 2002, the trial court granted appellant's motion for new trial. On December 12, 2002, this court ordered appellant to show cause why this appeal should not be dismissed as moot.

On January 2, 2003, appellant filed a pro se Motion Relating to Informalities, Incompleteness and For Inspection. In his motion, appellant complains that the appellate record is incomplete because, for among other reasons, the record does not contain a copy of the trial court's judgment. Appellant asks that he be allowed to "inspect" the appellate record for "completeness" prior to submitting his brief on appeal.

The trial court clerk has informed this court that a hearing on appellant's motion for new trial is scheduled for January 7, 2003. Accordingly, this appeal is moot. Appellant's Motion Relating to Informalities, Incompleteness and For Inspection is therefore DENIED. This appeal is dismissed as MOOT.

DO NOT PUBLISH