Opinion
NO. 01-15-01018-CR
07-20-2017
DAVID KIRKLAND, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court Harris County, Texas
Trial Court Case No. 1467730
MEMORANDUM OPINION
The trial court sentenced appellant, David Kirkland, to forty-five years in the institutional Division of the Texas Department of Criminal Justice for the first degree felony offense of theft. Appellant filed a notice of appeal and also timely filed a motion for new trial.
A supplemental clerk's record contains an order that shows that the trial court granted the motion for new trial as to punishment only. The granting of a motion for new trial restores the case to its position after the defendant was found guilty. See TEX. R. APP. P. 21.9(c). The appeal was rendered moot by the order granting a new trial. See id.
Accordingly, we dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.
We direct the Clerk to issue the mandate within ten days of the date of this opinion. See TEX. R. APP. P. 18.1.
PER CURIAM Panel consists of Chief Justice Radack and Justices Keyes and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).