IN THE TENTH COURT OF APPEALS No. 10-09-00296-CV EX PARTE ERIC ROBERSON

From the 272nd District Court Brazos County, Texas Trial Court No. 09-0001170-CV-272

MEMORANDUM OPINION

The State filed an appeal of an order by the trial court granting the expunction request of Eric Roberson. At the same time the State filed its appeal, the State also filed a motion for new trial with the trial court. On November 2, 2009, the trial court granted the State’s motion for new trial. The State now requests that its appeal be dismissed.

This appeal is dismissed. See TEX. R. APP. P. 42.1(b).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed January 13, 2010 [CV06]