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Rondez Wilcots v. State ( 2006 )


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                                                   COURT OF APPEALS

                                                     SECOND DISTRICT OF TEXAS

                                                                    FORT WORTH

     

     

                                            NO. 2-03-186-CR  

     

     

    RONDEZ WILCOTS                                                               APPELLANT

     

                                                       V.

     

    THE STATE OF TEXAS                                                                STATE

     

                                                  ------------

     

                FROM THE 362ND DISTRICT COURT OF DENTON COUNTY

     

                                                  ------------

     

                                    MEMORANDUM OPINION[1]

     

                                                  ------------

    Appellant=s sole issue in this appeal was that the trial court abused its discretion by refusing to hold a hearing on appellant=s motion for new trial.  Having previously determined that appellant=s sole issue should be sustained, we abated this appeal and ordered the trial court to hold a hearing on appellant=s motion for new trial.  The trial court did so and denied the motion.

    Although we have given appellant an opportunity to file a supplemental brief addressing issues related to the trial court=s denial of his motion for new trial, he has declined to do so.  He has not challenged any aspect of the trial court=s judgment other than the refusal to hold a hearing on the new trial motion.  Accordingly, having previously sustained appellant=s sole issue on appeal, and granted him the full relief to which he was entitled on that issue,[2] we dismiss the appeal as moot.  See Tex. R. App. P. 43.2(f); Jack v. State, 149 S.W.3d 119, 123 n.10 (Tex. Crim. App. 2004).

     

    PER CURIAM

     

    PANEL A: LIVINGSTON, J.; CAYCE, C.J.; and WALKER, J.

    DO NOT PUBLISH

    Tex. R. App. P. 47.2(b)

     

    DELIVERED: May 11, 2006


    [1]See Tex. R. App. P. 47.4.

    [2]See Tex. R. App. P. 44.4; Price v. State, 826 S.W.2d 947, 948 (Tex. Crim. App. 1992); Martinez v. State, 846 S.W.2d 345, 347 (Tex. App.CCorpus Christi 1992, order), disp. on merits, 846 S.W.2d 348 (Tex. App.CCorpus Christi 1992, pet. ref=d).