Opinion issued August 2, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00252-CR ——————————— JOHN ANTHONY LOPEZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1282701

MEMORANDUM OPINION On February 8, 2012, the trial court sentenced appellant, John Anthony Lopez. On March 8, 2012, appellant timely filed a notice of appeal and a motion for new trial. 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). Appellant has filed a motion to dismiss the appeal because the appeal was rendered moot by the order granting a new trial.

See TEX. R. APP. P. 21.9(b); 42.2.

Accordingly, we grant appellant’s motion to dismiss the appeal. 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 Bland, Massengale, and Brown.

Do not publish.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