Opinion issued November 13, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00738-CR

____________

TIMOTHY WILLIAM BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 925447

MEMORANDUM OPINION

               Appellant, Timothy William Brown, was convicted by a jury of possession of a controlled substance on July 10, 2003. A notice of appeal and a motion for new trial were timely filed. On September 4, 2003, the trial court granted appellant’s motion for new trial. Granting a motion for new trial restores the case to its position before the former trial. Tex. R. App. P. 21.9.

               Accordingly, the appeal is dismissed as moot.PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish. Tex. R. App. P. 47.2.(b).