Opinion issued December 13, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00605-CR ——————————— ALEJANDRO LOPEZ VILLEGAS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 9 Harris County, Texas Trial Court Cause No. 1808792

MEMORANDUM OPINION On June 21, 2012, the trial court sentenced appellant, Alejandro Lopez Villegas, and he filed a notice of appeal. On July 20, 2012, appellant timely filed a motion for new trial which the trial court granted on September 4, 2012. 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 has filed a motion to dismiss the appeal because the motion for new trial was granted. See TEX. R. APP. P. 42.2.

Although the appellant did not sign the motion to dismiss, 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(c).

PER CURIAM Panel consists of Justices Keyes, Massengale, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).