Pedro Leon Shepherd v. State

Opinion

Opinion issued on May 28, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00301-CR

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PEDRO LEON SHEPHERD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No.1094952

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MEMORANDUM O P I N I O N

          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.

PER CURIAMPanel consists of Justices Jennings, Alcala, Higley.

Do not publish. Tex. R. App. P. 47.2(b).