Gilbert Lawson III v. The State of Texas--Appeal from 77th District Court of Limestone County

IN THE

TENTH COURT OF APPEALS

No. 10-98-138-CR

GILBERT LAWSON III,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 8512-A

MEMORANDUM OPINION

In June 1996, a jury found Gilbert Lawson guilty of attempted murder and assessed punishment of ten years imprisonment. The court suspended imposition of the sentence and placed Lawson on community supervision for ten years. However, finding that Lawson had failed to abide by the terms of his community supervision, the court revoked his probation and imposed the original sentence. Lawson filed a notice of appeal and a motion for new trial on the same day. In his motion for a new trial, Lawson asserted that he neither had counsel nor waived counsel nor was admonished of the consequences of proceeding without counsel during the revocation hearing. The court granted Lawson s motion for a new trial, setting aside the judgment revoking his community supervision, and ordered Lawson discharged from custody. Thus, this appeal is moot. See State v. Garza, 774 S.W.2d 724, 727 (Tex. App. Corpus Christi 1989, pet. ref d); see also Restrepo v. First Nat. Bank of Dona Ana County, N.M., 888 S.W.2d 606, 607 (Tex. App. El Paso 1994, no writ).

Because Lawson s appeal is moot, we dismiss it.

PER CURIAM

Before Chief Justice Davis

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed July 5, 2000

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