Summary
explaining that granting new trial renders appeal moot
Summary of this case from Whittington v. StateOpinion
NO. 03-10-00766-CR
08-29-2012
Bobby Johns, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 427TH JUDICIAL DISTRICT
NO. D-1-DC-08-300230, HONORABLE JIM CORONADO, JUDGE PRESIDING
MEMORANDUM OPINION
Bobby Johns filed a notice of appeal and a motion for new trial on November 19, 2010. The record reflects that the district court granted Johns's motion for new trial. Because "[g]ranting a new trial restores the case to its position before the former trial," this appeal was rendered moot by the trial court's order. See Tex. R. App. P. 21.9(b). Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f).
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Jeff Rose, Justice
Before Chief Justice Jones, Justices Puryear and Rose Dismissed Do Not Publish