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MEMORANDUM OPINION No. 04-10-00163-CR Christopher HESS, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2002CR3416 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: March 10, 2010 DISMISSED AS MOOT After appellant filed a notice of appeal seeking to appeal the trial court’s order adjudicating his guilt, the trial court granted appellant’s motion for new trial. Granting a new trial restores the case to the position before the former trial. TEX . R. APP . P. 21.9(b). Accordingly, this appeal is dismissed as moot.

PER CURIAM DO NOT PUBLISH