COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00265-CR

MELVIN FORREST BERRY, JR. APPELLANT V. THE STATE OF TEXAS STATE

------------ FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 Appellant Melvin Forrest Berry, Jr. filed a timely notice of appeal challenging his conviction and sentence for the state jail felony of theft, enhanced. The trial court subsequently granted his motion for new trial, to which the State agreed, and then on the same day convicted and sentenced Appellant for the same offense pursuant to a plea bargain, which included express waivers of his prior notice of appeal, any pretrial motions, and any and all rights of

See Tex. R. App. P. 47.4. appeal. The trial court’s certification provides that Appellant has no right of appeal. Appellant has not filed another notice of appeal.

Because the trial court granted Appellant’s motion for new trial, making any appeal from the original judgment moot,2 and because Appellant has not filed a notice of appeal from the new judgment,3 we dismiss this appeal.

PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: October 14, 2010

See Tex. R. App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.).

See Tex. R. App. P. 25.2(b), 27.1(b); Franks v. State, 219 S.W.3d 494, 497 (Tex. App.—Austin 2007, pet. ref’d).