Opinion
No. 05-16-00058-CR No. 05-16-00059-CR
03-17-2016
ANDREW REY ACOSTA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F08-00813-P, F15-23754-P
ORDER
Before Justices Lang, Brown, and Whitehill
The Court WITHDRAWS its mandates of March 15, 2016.
On March 14, 2016 this Court dismissed the appeal due the records showing the trial court had granted appellant's motion for new trial in each case. The Court now has before it the State's motion to withdraw the mandates and reinstate the appeals. In the motion, the State asserts that the trial court issued an order stating the trial court had inadvertently granted the motions for new trial in these cases. Supplemental clerk's records containing the trial court's March 4, 2016 order rescinding the order granting the new trials has been filed. Appellant does not oppose the State's motion to reinstate the appeals. Accordingly, we GRANT the motion as follows.
We WITHDRAW our opinion and VACATE our judgments of March 14, 2016.
We VACATE the March 14, 2016 order directing the Clerk of the Court to issue the mandates instanter.
We REINSTATE the appeals.
At the time the appeals were dismissed, the clerk's and reporter's record had been filed, but appellant's brief was not yet due. Accordingly, we ORDER appellant to file his brief in these appeals within THIRTY DAYS of the date of this order.
/s/ ADA BROWN
JUSTICE