Jose Quiroz v. State

Opinion issued October 4, 2012

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-12-00559-CR ———————————

JOSE QUIROZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court Harris County, Texas

Trial Court Cause No. 1296576

MEMORANDUM OPINION

On June 12, 2012, the trial court sentenced appellant, Jose Quiroz, and he filed a notice of appeal. On July 12, 2012, appellant timely filed a motion for new trial which the trial court granted on August 24, 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). The appeal was rendered moot by the order granting a new trial. See TEX. R. APP. P. 21.9(b). Therefore, appellant has filed a motion to dismiss the appeal. See TEX. R. APP. P. 42.2.

Accordingly, we grant appellant’s motion and 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Do not publish.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).