Opinion issued June 17, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00667-CR

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BOOKER THOMAS BONNER, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Austin County, Texas

Trial Court Cause No. 02CR23017

MEMORANDUM OPINION

               A jury found appellant, Booker Thomas Bonner, Jr., guilty of the offense of criminal mischief on June 18, 2003. Notice of appeal was filed on that date by appellant’s counsel. On December 4, 2003, we abated the appeal and remanded the case to the trial court for a hearing because we had not received the clerk’s record, the reporter’s record, or the trial court’s certification of the right to appeal.

               We order the appeal reinstated.

               On June 2, 2004, we received a clerk’s record in cause number 02CR23017 that includes documents from both the direct appeal and the subsequent denial of habeas corpus relief. Regarding the direct appeal, the clerk’s record indicates that the trial court granted appellant’s motion for new trial on July 25, 2003. See Tex. R. App. P. 21.9. Accordingly, we dismiss as moot cause number 01-03-00667-CR, the direct appeal of cause number 02CR23017. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.—Houston [14th Dist.] 1992, no pet.).

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.

Do not publish.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