Miller v. State

Full title: PHILIP EARL MILLER, II, Appellant v. THE STATE OF TEXAS, State

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Oct 9, 2003

No. 02-03-341-CR (Tex. App. Oct. 9, 2003)

Opinion

No. 02-03-341-CR.

Delivered: October 9, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from Criminal District Court No. 1 of Tarrant County.

PANEL D: GARDNER, J.; CAYCE, C.J.; and WALKER, J.

MEMORANDUM OPINION^_

_ See Tex. R. App. P. 47.4.

PER CURIAM.

Philip Earl Miller has appealed from his conviction for aggravated sexual assault of a child. After appellant filed his notice of appeal, the trial court granted him a new trial. The granting of a new trial restores the case to its position before the former trial. Tex.R.App.P. 21.9. Therefore, the appeal has become moot, and on our own motion we dismiss the appeal as moot.