TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00235-CR
Jonathan Ray Gray, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 72768, HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Jonathan Ray Gray has filed a motion to dismiss this appeal, advising that
the district court has since granted him a new trial, rendering this appeal moot.1 The record, which
contains the district court’s order granting the motion for new trial, confirms Gray’s assertions.
Accordingly, we grant Gray’s motion and dismiss the appeal for want of jurisdiction.2
1
See Tex. R. App. P. 21.9(b).
2
See Tex. R. App. P. 43.2(f). In his motion to dismiss, Gray also prays that we remand the
cause to the district court for new trial. The need for such additional relief was itself rendered moot
by the district court’s order granting a new trial, which served to “restore[] the case to its position
before the former trial.” See Tex. R. App. P. 21.9(b).
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Jurisdiction
Filed: August 28, 2015
Do Not Publish
2
Jonathan Ray Gray v. State
Combined Opinion