TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00766-CR

Bobby Johns, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 427TH JUDICIAL DISTRICT NO. D-1-DC-08-300230, HONORABLE JIM CORONADO, JUDGE PRESIDING

MEMORANDUM OPINION

Bobby Johns filed a notice of appeal and a motion for new trial on November 19, 2010. The record reflects that the district court granted Johns’s motion for new trial. Because “[g]ranting a new trial restores the case to its position before the former trial,” this appeal was rendered moot by the trial court’s order. See Tex. R. App. P. 21.9(b). Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f).

Jeff Rose, Justice Before Chief Justice Jones, Justices Puryear and Rose Dismissed Filed: August 29, 2012 Do Not Publish