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

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Do Not Publish