Dismissed and Memorandum Opinion filed June 2, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00415-CR

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VICTOR ANTHONY PROVOST, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 03CR2234

M E M O R A N D U M   O P I N I O N

Appellant was convicted of the offense of possession of cocaine and sentenced to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice on March 21, 2005.  Appellant=s notice of appeal was also filed March 21, 2005.  A timely motion for new trial was then filed. 

On May 6, 2005, the trial court granted appellant=s motion for new trial.  Thus, this appeal has been rendered moot. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed June 2, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).