COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-278-CR
LARRY JAMES TREAKLE APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 297 TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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On June 2, 2004, Appellant filed a notice of appeal in this case as well as a motion for new trial. On July 6, 2004, the trial court granted Appellant’s motion for new trial. As Appellant points out in his unopposed motion to dismiss the appeal, the appeal is now moot. (footnote: 2) Because the appeal has become moot, we suspend the requirement that Appellant must personally sign the motion to dismiss. (footnote: 3) We grant Appellant’s motion to dismiss and dismiss the appeal. (footnote: 4)
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 19, 2004
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Tex. R. App. P. 21.9 (providing that granting motion for new trial restores case to its position before former trial).
3:
See Tex. R. App. P. 42.2(a).
4:
See Tex. R. App. P. 43.2(f).