This is an appeal from a judgment of conviction for felony driving while intoxicated. A motion to dismiss the appeal has been filed by appellant's counsel. This motion does not comply with the rules of appellate procedure because it is not signed by appellant. Tex. R. App. P. 42.2(a).

The motion to dismiss states that a motion for new trial in this cause was granted by the district court on February 13, 1998, and that appellant has since been retried and convicted on his plea of guilty. The district clerk has confirmed this. Under the circumstances, the appeal is moot.

The motion to dismiss the appeal is dismissed for noncompliance with rule 42.2(a). The appeal is nevertheless dismissed as moot.

Before Justices Powers, Kidd and B. A. Smith

Dismissed

Filed: March 26, 1998

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