Opinion
No. 01-05-00099-CR
Opinion issue August 31, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause No. 999913.
Panel consists of Justices NUCHIA, KEYES, and BLAND.
MEMORANDUM OPINION
Appellant Joseph Leonard Jones was convicted, on January 19, 2005, in trial court cause number 999913 of the offense of driving while intoxicated, a felony. Appellant was sentenced on January 19, 2005. Appellant timely filed a motion for new trial along with a notice of appeal on January 27, 2005. The clerk's record indicates that on March 7, 2005 the trial court granted appellant's motion for new trial, set aside the January 19, 2005 finding of guilt, and placed the case back upon the pending docket of the trial court. See Tex.R.App.P. 21.9. Appellant then entered a plea of guilty to the reduced offense of driving while intoxicated, a misdemeanor, and was sentenced on March 17, 2005. Appellant did not file a notice of appeal for the March 17, 2005, conviction for driving while intoxicated, a misdemeanor. Accordingly, we dismiss as moot cause number 01-05-00099-CR, the direct appeal of appellant's January 19, 2005, conviction and sentencing. It is so ORDERED.