IN THE TENTH COURT OF APPEALS No. 10-18-00043-CR NOEL GOMEZ, Appellant v. THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2011-605-C2

MEMORANDUM OPINION

Noel Gomez appealed his conviction for evading arrest/detention with a vehicle.

See TEX. PENAL CODE ANN. § 38.04 (West 2016). Gomez has now filed a motion to dismiss his appeal stating the appeal is moot because the trial court granted a new trial.

Accordingly, the motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.2(a).

The Clerk of this Court is ordered to issue the mandate in this appeal at the same time this opinion is delivered.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted Appeal dismissed Mandate issued Opinion delivered and filed March 28, 2018 Do not publish [CR25]

Gomez v. State Page 2