Bobby Lee Moreno v. The State of Texas--Appeal from 23rd District Court of Brazoria County
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Dismissed and Memorandum Opinion filed June 10, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-08-00972-CR ____________ BOBBY LEE MORENO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 23rd District Court Brazoria County, Texas Trial Court Cause No. 54,772 MEMORANDUM OPINION Appellant filed a notice of appeal from his conviction for aggravated sexual assualt. He also filed a motion for new trial, which the trial court granted. The State appealed the granting of the motion for new trial. This court abated appellant s appeal pending resolution of the State s appeal. We subsequently affirmed the trial court s ruling granting the motion for new trial. See State v. Moreno, 297 S.W.3d 512 (Tex. App. Houston [14th Dist.] 2009, pet. ref d). Because the Court of Criminal Appeals refused the State s petition for discretionary review, and the time for rehearing has passed, the ruling on the motion for new trial is final. Therefore, appellant s appeal of the judgment of conviction has been rendered moot. On May 17, 2010, this court notified the parties of its intention to dismiss this appeal as moot. No objection was filed. Accordingly, we dismiss appellant s appeal. PER CURIAM Panel consists of Chief Justice Hedges and Justices Yates and Boyce. Do Not Publish C Tex. R. App. P. 47.2(b). 2
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