Edmond Charles Evans v. State ( 2012 )

Opinion issued December 13, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00520-CR
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EDMOND CHARLES EVANS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court
Galveston County, Texas
Trial Court Case No. 11CR0072
MEMORANDUM OPINION
Appellant timely appealed from the trial court’s April 11, 2012 judgment
sentencing him to four years’ imprisonment for the felony offense of possession of
a controlled substance with intent to deliver. See TEX. HEALTH & SAFETY CODE
ANN. § 481.112 (West 2012). On October 30, 2012, appellant filed an application
for a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article
11.08. See TEX. CODE CRIM. PROC. ANN. art. 11.08 (West 2012); Kniatt v. State,
206 S.W.3d 657, 663–64 (Tex. Crim. App. 2006). The State did not oppose the
application. On November 2, 2012, the trial court found that appellant was entitled
to relief and ordered that “the plea of Applicant is withdrawn and the judgment of
conviction in this cause is vacated.” On November 21, 2012, appellant filed an
unopposed motion to dismiss this appeal as moot.
The trial court’s order vacating the judgment of conviction rendered this
appeal moot. We therefore lack subject-matter jurisdiction over this appeal and
must dismiss it. See Mosley v. State, No. 01-08-00503-CR, 01-08-00504-CR, 2009
WL 793808, at *1 (Tex. App.—Houston [1st Dist.] March 26, 2009, no pet.).
Accordingly, we grant appellant’s motion and dismiss the appeal for lack of
jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.
We direct the Clerk to issue the mandate within 10 days of the date of this
opinion. See TEX. R. APP. P. 18.1.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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