IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1406-14
JOSE RAMIRO DELAROSA, Appellant
v.
STATE OF TEXAS, Appellee
ON APPELLANT’S MOTION TO DISMISS
THE STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FIFTH COURT OF APPEALS
DALLAS COUNTY
Per curiam.
ORDER
Appellant was convicted of unauthorized use of a motor vehicle. The trial court
signed a certificate of appeal and granted a motion for new trial. The Court of Appeals
dismissed the appeal. Delarosa v. State, No. 05-14-01020-CR, 2014 Tex. App. LEXIS
11034 (Tex. App.—Dallas October 2, 2014) (not designated for publication). The State filed
a petition for discretionary review on October 16, 2014. We granted review. Delarosa v.
DELAROSA - 2
State, No. PD-1406-14, 2015 Tex. Crim. App. LEXIS 57 (Tex. Crim. App. January 28, 2015)
(not designated for publication).
It has come to our attention that, after the State’s petition was filed, the trial court
appears to have entered a new judgment in this case, dated December 17, 2014. Based on
this apparent judgment, Appellant moves to dismiss the State’s petition as moot. The State
opposes dismissal, arguing that the trial court lacked jurisdiction to enter the new judgment.
Before we may address the petition before us, we must address this jurisdictional
matter. As a result, we order the parties to brief whether the trial court had jurisdiction to act
in this matter after the State’s petition was filed. These briefs should be filed in this Court
within 15 days of the date of this order.
We also order the district clerk to supplement the appellate record with any and all
documents related to the trial court’s judgment dated December 17, 2014, including the
judgment itself, any plea papers, and any court reporter’s record. This supplementation of
the record should also be filed within 15 days of the date of this order.
DATE DELIVERED: February 25, 2015
DO NOT PUBLISH
Delarosa, Jose Ramiro
Combined Opinion