COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-425-CR
EX PARTE
ANTHONY SCOTT
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FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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On the court’s own motion, we reconsider Appellant’s motion to dismiss his appeal. Because Appellant has voluntarily waived extradition and has now been extradited to New Jersey, making his appeal moot, (footnote: 2) the court is of the opinion that his motion should be granted.
Accordingly, we withdraw that portion of our March 18, 2009 order denying Appellant’s motion to dismiss, grant Appellant’s motion to dismiss, and dismiss this appeal as moot. (footnote: 3)
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 4, 2009
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Ex parte Stowell , 940 S.W.2d 241, 243 (Tex. App.—San Antonio 1997, no pet.); Ex parte Kirkpatrick , No. 05-05-00595-CR, 2005 WL 1163981, at *1 (Tex. App.—Dallas, no pet.) (mem. op., not designated for publication); Ex parte Tyer , No. 2-02-227-CR (Tex. App.—Fort Worth 2002, no pet.) (mem. op., not designated for publication).
3:
See Tex. R. App. P. 43.2(f).