Guadalupe Alcantar v. The State of Texas Appeal from 290th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00331-CV Guadalupe ALCANTAR, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 1993-CR-3295 Honorable Andrew Carruthers, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: October 4, 2017 DISMISSED Appellant and the State filed an agreed motion to dismiss this appeal of the trial court’s order denying Appellant’s residential reassignment and release. The motion to dismiss states the trial court substituted new counsel for Appellant and set a hearing on Appellant’s commitment. Without deciding whether this court has subject matter jurisdiction over the merits of this appeal, see Powell v. State, 487 S.W.3d 768, 771 (Tex. App.—Dallas 2016, no pet.), we grant the parties’ joint motion, see TEX. R. APP. P. 42.1(a)(2), 43.2(f); Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. 2001) (per curiam). 04-17-00331-CV We dismiss this appeal without prejudice to any right Appellant may have to seek appellate review of the trial court’s actions. See generally TEX. CODE CRIM. PROC. ANN. art. 46B.103(d)(3) (West Supp. 2017); TEX. HEALTH & SAFETY CODE ANN. § 593.056 (West 2017); Powell, 487 S.W.3d at 771. PER CURIAM -2-

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