Ubilla v. State

Full title: ROBERTO RODRIGUEZ UBILLA, Appellant v. THE STATE OF TEXAS, State

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

Date published: Aug 18, 2005

No. 2-05-190-CR (Tex. App. Aug. 18, 2005)

Opinion

No. 2-05-190-CR

Delivered: August 18, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from Criminal District Court No. 3 of Tarrant County.

Panel D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

MEMORANDUM OPINION ¹

1 See Tex.R.App.P. 47.4.

PER CURIAM.

Roberto Rodriguez Ubilla has appealed from his conviction for aggravated assault with a deadly weapon. 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, on our own motion we dismiss the appeal as moot. See Tex.R.App.P. 43.2(f).