Opinion
01-22-00276-CR
08-11-2022
DARVIN LAMONT EASTER, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish. Tex.R.App.P. 47.2(b).
On Appeal from the County Criminal Court at Law No. 13 Harris County, Texas Trial Court Case No. 2263217
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
MEMORANDUM OPINION
PER CURIAM.
Appellant, David Lamont Easter, has filed a motion to dismiss his appeal from the trial court's judgment because the trial court granted appellant's motion for new trial. The granting of a motion for new trial restores the case to its position before the former trial and renders any appeal moot. See Tex. R. App. P. 21.9(b); Garcia v. State, No. 01-14-00298-CR, 2014 WL 3738051, at *1 (Tex. App.-Houston [1st Dist.] July 29, 2014, no pet.) (mem. op., not designated for publication).
Accordingly, we grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 43.2(f). We dismiss any other pending motions as moot.