Ex Parte Jorge Gutierrez ( 2013 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-11-00109-CR
Ex parte Jorge Gutierrez
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT
NO. D-1-DC-10-203162, HONORABLE MICHAEL LYNCH, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant filed his notice of appeal in 2011. In June 2011, the court reporter informed
us that appellant’s attorney had told her not to continue to work on the reporter’s record because the
case was moot and he would be filing a motion to abate the appeal. After a long delay with no
communication from counsel, we abated the appeal to the trial court to hold a hearing to determine
whether the cause is moot. The trial court held the hearing as requested, and the reporter’s record
reflects that appellant’s attorney stated that this appeal, which involved a bond setting, was now
moot. The trial court and prosecutor agreed.
Because the issues in the cause are moot, we cannot exercise jurisdiction over
the appeal. See State v. Curl, 28 S.W.3d 838, 841 (Tex. App.—Corpus Christi 2000, no pet.); Lee v.
State, 425 S.W.2d 698, 699 (Tex. Civ. App.—San Antonio 1968, no writ) (dismissing juvenile
adjudication case as moot). We reinstate the appeal and dismiss it for want of jurisdiction.
__________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton and Rose
Dismissed for Want of Jurisdiction
Filed: June 25, 2013
Do Not Publish
2