Philip Joseph Pohl v. The State of Texas--Appeal from 112th Judicial District Court of Sutton County

MEMORANDUM OPINION
No. 04-03-00188-CR
Phillip Joseph POHL,
Appellant
v.
The STATE of Texas,
Appellee
From the 112th Judicial District Court, Sutton County, Texas
Trial Court No. 1102
Honorable Brock Jones, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: May 28, 2003

DISMISSED AS MOOT

Appellant filed a notice of appeal seeking to appeal the trial court's order denying his request for the appointment of counsel in connection with an Article 64 DNA proceeding. After the notice of appeal was filed, the trial court vacated its order and issued a new order granting appellant's request for appointment of counsel. Accordingly, we ordered appellant to show cause why this appeal should not be dismissed as moot. Appellant's attorney responded that he has been appointed to represent appellant in relation to the Article 64 DNA proceeding but not in relation to this appeal. Based on the information contained in the clerk's record and confirmed by appellant's attorney, appellant has been appointed counsel in connection with his Article 64 DNA proceeding. As a result, this appeal is DISMISSED AS MOOT.

PER CURIAM

DO NOT PUBLISH