Order of April 10, 2008, Withdrawn; Appeal Dismissed and Memorandum Opinion filed May 8, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00030-CR

____________

EDWIN HOLLEY WESTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 1144345

M E M O R A N D U M   O P I N I O N

We withdraw our order of April 10, 2008, directing the trial court to conduct a brief hearing on or before May 12, 2008.

Appellant entered a plea of guilty to possession of a controlled substance.  In accordance with the terms of a plea bargain, the trial court sentenced appellant on December 7, 2008, to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice.

The record reflects that on March 11, 2008, appellant=s motion for new trial was granted.  Accordingly, the appeal is now moot.  We dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 8, 2008.

Panel consists of Justices Frost, Seymore, and Guzman.

Do Not Publish C Tex.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