DocketNumber: 01-03-00667-CR
Filed Date: 6/17/2004
Status: Precedential
Modified Date: 9/2/2015
Opinion issued June 17, 2004
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-03-00667-CR
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BOOKER THOMAS BONNER, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law
Austin County, Texas
Trial Court Cause No. 02CR23017
MEMORANDUM OPINION
A jury found appellant, Booker Thomas Bonner, Jr., guilty of the offense of criminal mischief on June 18, 2003. Notice of appeal was filed on that date by appellant’s counsel. On December 4, 2003, we abated the appeal and remanded the case to the trial court for a hearing because we had not received the clerk’s record, the reporter’s record, or the trial court’s certification of the right to appeal.
We order the appeal reinstated.
On June 2, 2004, we received a clerk’s record in cause number 02CR23017 that includes documents from both the direct appeal and the subsequent denial of habeas corpus relief. Regarding the direct appeal, the clerk’s record indicates that the trial court granted appellant’s motion for new trial on July 25, 2003. See Tex. R. App. P. 21.9. Accordingly, we dismiss as moot cause number 01-03-00667-CR, the direct appeal of cause number 02CR23017. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.—Houston [14th Dist.] 1992, no pet.).
It is so ORDERED.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).