Francisco Javier Escamilla v. The State of Texas--Appeal from 248th District Court of Harris County

Dismissed and Memorandum Opinion filed May 12, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00200-CR

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FRANCISCO JAVIER ESCAMILLA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1001412

M E M O R A N D U M O P I N I O N

After a plea of guilty, Francisco Escamilla was convicted of the offense of aggravated assault with a deadly weapon and sentenced on January 7, 2005, to seven years= imprisonment in the Texas Department of Criminal Justice, Institutional Division. A timely motion for new trial and notice of appeal were filed. On February 10, 2005, the trial court granted the motion for new trial, Escamilla entered into a plea bargain with the State, pleading guilty to the offense of aggravated assault. On February 10, 2005, the trial court sentenced Escamilla in accordance with the plea bargain to four years= incarceration in the Texas Department of Criminal Justice, Institutional Division. The clerk=s record was filed on May 2, 2005. It contains no motion for new trial or notice of appeal from the February 10, 2005 judgment of conviction.

The appeal on file in this court is from the previous judgment, which was withdrawn by the grant of Escamilla=s motion for new trial. Because Escamilla has not appealed the new judgment, the appeal from the withdrawn judgment is moot.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 12, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex. R. App. P. 47.2(b).