The State of Texas v. John Leldon Kelly--Appeal from 221st District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-03-134 CR
____________________
THE STATE OF TEXAS, Appellant
V.
JOHN LELDON KELLY, Appellee
On Appeal from the 221st District Court
Montgomery County, Texas
Trial Cause No. 02-03-01771-CR
MEMORANDUM OPINION (1)

We have before the Court a motion from the appellant, The State of Texas, to withdraw its appeal for lack of jurisdiction. The State alleges that the granting of the motion for new trial has removed the basis for the appeal. No opinion has issued in this appeal.

 

It is therefore ORDERED that the Clerk of the Court forward a duplicate copy of this Order to the clerk of the court in which the notice of appeal was filed. It is further ORDERED that the motion be GRANTED and the appeal is therefore DISMISSED.

PER CURIAM

 

Opinion Delivered March 27, 2003

Do Not Publish

 

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.