Opinion
14-23-00480-CR
11-21-2023
CODY ROBICHAU, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish - Tex.R.App.P. 47.2(b).
On Appeal from the 337th District Court Harris County, Texas Trial Court Cause No. 1738959
Panel consists of Chief Justice Christopher, Justices Wise and Jewell.
MEMORANDUM OPINION
PER CURIAM.
This is an appeal from a conviction of two charges of possession with intent to deliver a controlled substance. Appellant timely filed his notice of appeal and timely filed a motion for new trial. On August 30, 2023, the trial court granted the motion for new trial. On November 2, 2023, appellant filed a motion to dismiss for lack of jurisdiction. The granting of a new trial restores the case to its position before the former trial. See Tex. R. App. Pro. 21.9(b). The granting of a new trial restores the case to its position after the defendant was found guilty See Tex. R. App. Pro. 21.9(c). The appeal is moot, and the motion is granted.
We dismiss the appeal.