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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[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,[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.[3]
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 4, 2009
[1]See Tex. R. App. P. 47.4.
[2]See Ex parte Stowell, 940 S.W.2d 241, 243 (Tex. App.CSan Antonio 1997, no pet.); Ex parte Kirkpatrick, No. 05-05-00595-CR, 2005 WL 1163981, at *1 (Tex. App.CDallas, no pet.) (mem. op., not designated for publication); Ex parte Tyer, No. 2-02-227-CR (Tex. App.CFort Worth 2002, no pet.) (mem. op., not designated for publication).
[3]See Tex. R. App. P. 43.2(f).