Larry James Treakle v. State

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 297TH DISTRICT COURT OF TARRANT COUNTY

 

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MEMORANDUM OPINION1 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.2  Because the appeal has become moot, we suspend the requirement that Appellant must personally sign the motion to dismiss.3  We grant Appellant’s motion to dismiss and dismiss the appeal.4

  

                                                                  PER CURIAM

  

PANEL D:   DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

 

DELIVERED: August 19, 2004


 

NOTES

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).