Ex Parte: Dario Rodriguez--Appeal from 299th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00329-CR
Ex Parte: Dario Rodriguez, Appellant
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. 0960429, HONORABLE FRED A MOORE, JUDGE PRESIDING

PER CURIAM

 

This is an appeal from an order denying relief on writ of habeas corpus. Tex. R. App. P. 44. By his writ application, appellant sought to bar further prosecution of the above-referenced cause on double jeopardy grounds.

Counsel for appellant has filed a motion to dismiss the appeal on the ground that the underlying prosecution has been dismissed. The motion does not comply with Texas Rule of Appellate Procedure 59(b) because it is not signed by appellant. We have also received and filed a supplemental transcript containing an order of the district court dismissing cause number 0960429. The dismissal of the prosecution renders the issues raised by appellant's writ application moot.

The appeal is dismissed as moot on the Court's motion. Appellant's motion to dismiss is dismissed.

 

Before Chief Justice Carroll, Justices Jones and Kidd

Dismissed

Filed: December 19, 1996

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