Opinion issued August 30, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00399-CR ——————————— MEGHAN NICOLE SPILLANE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 10 Harris County, Texas Trial Court Case No. 1810065

MEMORANDUM OPINION On March 20, 2012, the trial court sentenced appellant, Meghan Nicole Spillane. On April 19, 2012, appellant timely filed a motion for new trial, and on April 24, 2012, appellant timely filed a notice of appeal. Subsequent to the filing of her notice of appeal, on June 1, 2012, the trial court granted appellant’s motion for new trial. 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). No motion to withdraw the notice of appeal has been filed. See TEX. R. APP. P. 42.2. However, 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.

PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Keyes.

Do not publish.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