Adrian Garcia v. State

 Opinion issued November 9, 2006




 



 



In The

Court of Appeals

For The

First District of Texas

___________


NO. 01-06-00539-CR

____________


ADRIAN GARCIA, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1062727




 

MEMORANDUM OPINION

          Appellant, Adrian Garcia, was charged in trial court cause number 1062727 with the felony offense of possession of a controlled substance. Appellant has filed a notice of appeal.

          According to the clerk’s record filed in the above referenced case, the State of Texas filed, in trial court cause number 1062727, a document on April 26, 2006 captioned “Motion to Dismiss” that provides in part:

 

TO THE HONORABLE JUDGE OF SAID COURT:

 

Now comes the State of Texas, by and through her district attorney, and respectfully requests the court to dismiss the above entitled and numbered criminal action for the following reason: the defendant was convicted in another case. Wherefore, premises considered, it is requested that the above entitled and numbered cause be dismissed. Respectfully submitted, assistant district attorney, Harris County, Texas.


The above portion of the motion to dismiss is followed by the signature of the assistant district attorney. The motion to dismiss further provides:

 

The foregoing motion having been presented to me on April 26, 2006 and the same having been considered, it is, therefore, ordered adjudged and decreed that said above entitled numbered cause be and the same is hereby dismissed.


This portion of the motion to dismiss contains the signature of the Judge, 182nd District Court, Harris County, Texas.

          We therefore dismiss the appeal as moot.

 

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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