Opinion issued May 7, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-01060-CR

NO. 01-07-01061-CR

EDDIE JERMAINE JOHNSON, Appellant

v.

THE STATE OF TEXAS, Appellee

On Appeal from the 412th District Court

Brazoria County, Texas

Trial Court Cause Nos. 54,691 & 54,693

MEMORANDUM OPINION

Appellant, Eddie Jermaine Johnson, was charged with burglary of a habitation ⁽¹⁾ and aggravated robbery ⁽²⁾ in trial court cause number 54,691 ⁽³⁾ and aggravated assault on a public servant ⁽⁴⁾ in trial court cause number 54,693. ⁽⁵⁾ In each cause, the trial court set bail at $300,000. Appellant filed an application for writ of habeas corpus requesting bond reduction. The trial court granted appellant's request and reduced bail to $150,000 for the burglary and robbery offenses, and $75,000 for the aggravated assault offense. In two points of error, appellant argues that the trial court (1) erred when it overruled appellant's hearsay objection to the admission of the State's evidence and (2) abused its discretion when it reduced bail in both causes to unreasonable amounts.

The State has filed motions to dismiss the appeals on the basis that appellant has been acquitted of the charged offenses. Appellant has not filed a response.

We grant the State's motion to dismiss and dismiss the appeal as moot.

Panel consists of Justices Jennings, Keyes, and Higley.

Do not publish. See Tex. R. App. P. 47.2(b).

1. See Tex. Penal Code Ann. § 30.02 (Vernon Supp. 2008).

2. See Tex. Penal Code Ann. § 29.03 (Vernon Supp. 2008).

3. Appellate court cause number 01-07-01060-CR.

4. See Tex. Penal Code Ann. § 22.02 (Vernon Supp. 2008).

5. Appellate court cause number 01-07-01061-CR.