IN THE

TENTH COURT OF APPEALS

No. 10-01-071-CR

     WAYNE RAY FREDERICK,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 220th District Court

Hamilton County, Texas

Trial Court # 00-03-07082

MEMORANDUM OPINION

      On March 1, Wayne Ray Frederick filed a notice of appeal. Subsequently, the trial court granted him a new trial. He now files, along with the State, a “joint motion to dismiss or abate appeal.” That motion does not comply with the Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). Nevertheless, because we no longer have jurisdiction over this cause, we will dismiss the appeal.

      The judgment in this case has been set aside and the parties restored to their position before trial. Thus, Frederick has received all of the relief to which he is entitled. We have not issued a decision in this appeal, and the same is now moot. Mendoza v. State, 935 S.W.2d 501, 504 (Tex. App.—Waco 1996, no pet.). This appeal is dismissed for want of jurisdiction. Id.

                                                                       PER CURIAM

Before Chief Justice Davis,

          Justice Vance, and

          Justice Gray

Dismissed

Opinion delivered and filed May 30, 2001

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