Opinion issued March 31, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00340-CR

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RONALD EDWARD HAMNER, Appellant

V.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

MEMORANDUM OPINION

On January 21, 2010, the trial court sentenced appellant, Ronald Edward Hamner, to 25 years’ confinement for driving while intoxicated.  He filed a notice of appeal.  On February 22, 2010, appellant timely filed a motion for new trial which, after a hearing on November 15, 2010, the trial court granted. The granting of a motion for new trial restores the case to its position before the former trial. See Tex. R. App P. 21.9(b).  Appellant’s counsel of record has filed a motion to dismiss the appeal.  The appeal was rendered moot by the order granting a new trial. See Tex. R. App. P. 21.9(b).

Accordingly, we dismiss the appeal as moot. See Tex. R. App. P. 43.2(f). We dismiss any pending motions as moot.

We direct the Clerk to issue the mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Brown.

Do not publish.   Tex. R. App. P. 47.2(b).