Opinion issued May 15, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-01-00939-CR
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MICHAEL ANDY WILLIAMS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from County Criminal Court at Law No. 14
Harris County, Texas
Trial Court Cause No. 1047893
MEMORANDUM OPINION
Appellant was convicted by a jury of assault on a family member and sentenced by the court to confinement in jail for one year. Appellant filed a timely pro se notice of appeal. On January 24, 2002, we granted a motion to abate the appeal and remanded the case to recommence the time period for filing a motion for new trial. See Prudhomme v. State, 28 S.W.3d 114, 121 (Tex. App.--Texarkana 2000) (order). On February 12, 2002, appellant filed a motion for new trial that the trial court granted. Also on that date, the State filed a motion to dismiss the case, and it was granted.
On February 21, 2002, the State filed a petition for discretionary review in the Court of Criminal Appeals from our order of abatement. The Court of Criminal Appeals dismissed the State's petition as improvidently granted on March 26, 2003. Williams v. State, No. 414-02, slip op. at 2 (Tex. Crim. App. Mar. 26, 2003) (not designated for publication).
Because the underlying case has been dismissed by the trial court, we order the appeal dismissed as moot.
PER CURIAM
Panel consists of Justices Taft, Keyes, and Higley.
Do not publish. Tex. R. App. P. 47.2.(b).