Rebecca Ann Oldaker v. the State of Texas ( 2024 )

Opinion issued April 16, 2024
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-23-00746-CR
———————————
REBECCA ANN OLDAKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 78th District Court
Wichita County, Texas1
Trial Court Case No. DC78-CR2020-1063
MEMORANDUM OPINION
1
Pursuant to its docket equalization authority, the Supreme Court of Texas
transferred this appeal to this Court. See Misc. Docket No. 23–9079 (Tex. Sept. 26,
2023); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer cases); TEX.
R. APP. P. 41.3.
Appellant Rebecca Ann Oldaker appealed the trial court’s judgment and
sentence of July 20, 2023. On January 20, 2024, she filed her brief, challenging only
the trial court’s assessed costs. The State filed an Unopposed Motion for Limited
and Temporary Abatement asking this Court to abate the appeal to provide the State
an opportunity to file a motion in the trial court requesting that the court waive the
assessment of the challenged court costs. We granted the motion and abated the
appeal. Subsequently, the trial court granted the State’s Unopposed Motion for the
Waiver of Court Costs. The State then filed in this Court an Unopposed Motion for
Lift of Abatement and for Briefing Extension stating that given the trial court’s
ruling, the appeal should be deemed moot. We granted the State’s motion, lifted the
abatement, and requested a response from Appellant. Appellant filed a response,
stating that “she agrees with the State that the appeal is now moot.” No opinion has
issued in this appeal.
We dismiss the appeal as moot. See TEX. R. APP. P. 42.2, 43.2(f). We deny
all other pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Countiss, and Rivas-Molloy.
Do not publish. TEX. R. APP. P. 47.2(b).
2