Jose Miguel Romo v. The State of Texas Appeal from County Court at Law No. 11 of Bexar County (memorandum opinion per curiam)
Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00300-CR Jose Miguel ROMO, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 11, Bexar County, Texas Trial Court No. 469039 The Honorable Tommy Stolhandske, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: July 8, 2015 DISMISSED AS MOOT Appellant pled nolo contendere to the offense of indecent exposure. After he filed a pro se notice of appeal, his counsel timely filed a motion for new trial. In the motion, counsel claimed appellant did not understand the nature of his plea or its consequences. Accordingly, counsel asked the trial court to grant a new trial. On June 1, 2015, a supplemental clerk’s record was filed in this court. In that supplemental clerk’s record is an order signed by the trial court granting appellant’s motion for new trial. In light of the trial court’s order, we ordered appellant to file a response showing cause as to why we should not dismiss the appeal as moot. We advised appellant that if 04-15-00300-CR he did not file a timely, satisfactory response, we would dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f). Appellant did not file a response. Pursuant to Rule 21.1, a “new trial” is defined as the rehearing of a criminal action after the trial court has, on the defendant’s motion, set aside a finding or verdict of guilt. TEX. R .APP. P. 21.1(a). The granting of a motion for new trial restores a case to its position before the original trial and, therefore, renders any appeal moot. See id. R. 21.9(b). Accordingly, we dismiss the appeal as moot. Id. R. 43.2(f). PER CURIAM DO NOT PUBLISH -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
