Federico Juarez Sr. v. The State of TexasAppeal from 79th Judicial District Court of Jim Wells County (Memorandum Opinion Per Curiam)

State: Texas

Court: Texas Northern District Court

Docket No: 04-13-00139-CR

Case Date: 07/03/2013

Plaintiff: Federico Juarez Sr.

Defendant: The State of TexasAppeal from 79th Judicial District Court of Jim Wells County (Memorandum Opinion

Preview:Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00139-CR Federico JUAREZ Sr., Appellant v. The State of The STATE of Texas, Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 11-05-13303-CR Honorable Richard C. Terrell, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: July 3, 2013 DISMISSED AS MOOT On February 13, 2013, appellant was convicted of aggravated sexual assault of a child and sentenced to life in prison. Appellant timely filed a motion for new trial and a notice of appeal. On April 25, 2013, the trial court granted appellant's motion for new trial, setting aside "the judgment and sentence in this cause" and ordering a new trial. On May 21, 2013, we notified appellant that this appeal appeared to be moot because the trial court granted his motion for new trial. See TEX. R. APP. 21.9(b) (stating that the granting of a new trial restores a case to its position before trial). We ordered appellant to file, on or before June 4, 2013, a response explaining why this appeal

04-13-00139-CR

should not be dismissed as moot. No response was filed. Because the trial court granted appellant's motion for new trial, making any appeal from the original judgment moot, we dismiss this appeal. See TEX. R. APP. P. 21.9(b), 43.2(f). PER CURIAM DO NOT PUBLISH

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