COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00442-CR

ALDO SERVIN JR. APPELLANT V. THE STATE OF TEXAS STATE

------------ FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 ------------ Appellant Aldo Servin, Jr. timely filed a motion for new trial and a notice of appeal from the trial court’s September 15, 2010 judgment adjudicating guilt.

The trial court subsequently timely granted Servin’s motion for new trial. See Tex. R. App. P. 21.8(a). The granting of a motion for new trial restores the case to its original position in the trial court. See Tex. R. App. P. 21.9. Therefore, the

See Tex. R. App. P. 47.4. appeal has become moot, and on our own motion, we dismiss the appeal as moot. Tex. R. App. P. 43.2(f).

PER CURIAM PANEL: MCCOY, MEIER, and GABRIEL, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: December 23, 2010