Robert Lane Marsh v. The State of Texas Appeal from 437th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00257-CR Robert Lane MARSH, Appellant v. The State of TexasAppellee The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR0761 Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Patricia O. Alvarez, Justice Delivered and Filed: November 12, 2014 APPEAL DISMISSED In an opinion issued on May 1, 2013, this court considered the merits of appellant’s appeal after determining appellant had not waived his right to appeal the denial of his motion to suppress. See TEX. R. APP. P. 25.2(a)(2). After considering the merits, we affirmed the trial court’s judgment. The State subsequently filed a petition for discretionary review with the Court of Criminal Appeals. The Court determined the State could raise, for the first time on appeal, a complaint about an amended certification of defendant’s right to appeal. The Court concluded 04-12-00257-CR appellant had waived his right to appeal the denial of his motion to suppress, vacated our decision, and ordered this court to withdraw its opinion and dismiss the appeal. We withdraw our opinion and judgment of May 1, 2013, and dismiss this appeal. PER CURIAM Do not publish -2-

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