TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00741-CR

The State of Texas, Appellant v. Stephan Anthony Burney, Appellee

FROM THE 466TH DISTRICT COURT OF COMAL COUNTY NO. CR2018-830D, THE HONORABLE STEPHANIE BASCON, JUDGE PRESIDING

MEMORANDUM OPINION The State moves to dismiss its appeal as moot because the trial court’s signed Mistrial Order without prejudice expressly rescinded the challenged part of its oral order dismissing the case with prejudice after a mistrial. We grant the motion and dismiss this appeal.

__________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Kelly and Theofanis Dismissed Filed: December 14, 2023 Do Not Publish