                           NUMBER 13-18-00085-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

THE STATE OF TEXAS,                                                           Appellant,

                                            v.

HAROLD EIMERS SMITH AND
IGNACIO PUENTE JR.,                                Appellees.
____________________________________________________________

            On appeal from the 444th District Court of
                    Cameron County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
           Before Justices Rodriguez, Contreras, and Hinojosa
              Memorandum Opinion by Justice Rodriguez

       Appellant, the State of Texas, has filed a motion to dismiss this appeal on grounds

that the trial court has granted a motion for new trial, thereby rendering this appeal moot.

The Court, having considered the documents on file and appellant’s motion to dismiss the

appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a).
       Appellant’s motion to dismiss is granted and the appeal is hereby DISMISSED.

Costs will be taxed against appellant. See id. R. 42.1(d) ("Absent agreement of the

parties, the court will tax costs against the appellant."). Having dismissed the appeal at

appellant’s request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

                                                              NELDA V. RODRIGUEZ
                                                              Justice


Delivered and filed the
8th day of March, 2018.




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