Clayton Homer Bruno v. State

Opinion issued December 3, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00380-CR
NO. 01-13-00381-CR
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CLAYTON HOMER BRUNO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Case Nos. 1330602, 1330604
MEMORANDUM OPINION
On September 7, 2013, the trial court reporter filed an information sheet in
this Court indicating the record was lost due to technical problems. On October
29, 2013, we abated these appeals for a hearing in the trial court regarding the lost
reporter’s record. On November 19, 2013, the trial court ordered a new trial as the
parties could not agree to the content of the lost records. See TEX. R. APP. P.
34.6(f). The granting of a motion for new trial restores the case to its position
before the former trial. See TEX. R. APP P. 21.9(b). These appeals were rendered
moot by the order granting a new trial. See id.
Accordingly, we dismiss the appeals as moot. 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 Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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