Troy Ray Traweek v. The State of Texas--Appeal from 178th District Court of Harris County

Dismissed and Memorandum Opinion filed November 23, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01133-CR

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TROY RAY TRAWEEK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1042138

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

Appellant entered a guilty plea to the offense of aggravated assault with a deadly weapon. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on October 3, 2005, to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal.

On November 15, 2005, the Harris County District Clerk advised this court that appellant=s motion for new trial was granted on November 4, 2005, and the case is set for trial on January 30, 2006. Because the motion for new trial was granted, the appeal is now moot.

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 23, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex.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