COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-190-CR

ROBERTO RODRIGUEZ UBILLA                                                APPELLANT

V.

THE STATE OF TEXAS                                                                  STATE

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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

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MEMORANDUM OPINION ¹

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        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).

                                                          PER CURIAM

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

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: August 18, 1005

NOTES

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