IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 414-02

 

MICHAEL ANDY WILLIAMS, Appellant

v.


THE STATE OF TEXAS




ON THE STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE FIRST COURT OF APPEALS
HARRIS COUNTY

Holcomb, J., delivered the opinion of the unanimous Court.




OPINION





A Harris County jury found appellant, Michael Andy Williams, guilty of misdemeanor assault. See Tex. Pen. Code 22.01(a)(1). The trial court assessed his punishment at incarceration for one year. On appeal, appellant filed a motion asking the First Court of Appeals to abate his appeal and remand the cause to the trial court so that he could file an out-of-time motion for new trial. The court of appeals, in an unpublished order, abated the appeal as requested but remanded the cause to the trial court "for a hearing to determine whether appellant had counsel, and whether he received effective assistance of counsel, during the 30-day period for filing a motion for new trial."

The trial court held a hearing as directed and made fact findings. After reviewing the record of that hearing and the fact findings, the court of appeals, in a second unpublished order, abated the appeal again and "remand[ed] the cause [to the trial court] to recommence the time period for filing a motion for new trial."

Appellant promptly filed a motion for new trial, which the trial court granted. The State, in turn, filed a motion to dismiss the prosecution, which the trial court also granted. Later, the State filed a petition for discretionary review challenging the court of appeals' authority to abate appellant's appeal and remand the cause to recommence the time period for filing a motion for new trial. We granted that petition to determine whether the court of appeals erred.

After reviewing the orders of the court of appeals, the relevant portions of the record, the State's petition, and the briefs of both parties, we conclude that our decision to grant the State's petition was improvident. Accordingly, we dismiss that petition. See Tex. R. App. Proc. 69.3.





DELIVERED MARCH 26, 2003

DO NOT PUBLISH