State v. Harold Eimers Smith and Ignacio Puente Jr.

• Court: Court of Appeals of Texas
• Decided: March 8, 2018
• Docket: 13-18-00085-CV
• Status: Published

Opinion

NUMBER 13-18-00085-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

THE STATE OF TEXAS, Appellant,

v.

HAROLD EIMERS SMITH AND IGNACIO PUENTE JR., Appellees. ____________________________________________________________

On appeal from the 444th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Contreras, and Hinojosa Memorandum Opinion by Justice Rodriguez

Appellant, the State of Texas, has filed a motion to dismiss this appeal on grounds

that the trial court has granted a motion for new trial, thereby rendering this appeal moot.

The Court, having considered the documents on file and appellant’s motion to dismiss the

appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted and the appeal is hereby DISMISSED.

Costs will be taxed against appellant. See id. R. 42.1(d) ("Absent agreement of the

parties, the court will tax costs against the appellant."). Having dismissed the appeal at

appellant’s request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

NELDA V. RODRIGUEZ Justice

Delivered and filed the 8th day of March, 2018.