Opinion
No. 01-03-00738-CR
Opinion issued November 13, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2.(b).
On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause No. 925447.
Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.
MEMORANDUM OPINION
Appellant, Timothy William Brown, was convicted by a jury of possession of a controlled substance on July 10, 2003. A notice of appeal and a motion for new trial were timely filed. On September 4, 2003, the trial court granted appellant's motion for new trial. Granting a motion for new trial restores the case to its position before the former trial. Tex.R.App.P. 21.9. Accordingly, the appeal is dismissed as moot.