Full Opinion (html_with_citations)

       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Mistrial Order without prejudice expressly rescinded the challenged part of its oral order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

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