Opinion issued July 12, 2012.

In The Court of Appeals For The First District of Texas ———————————— NO. 01-10-00510-CR ——————————— RICHARD ROY HART, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Case No. 1247618

MEMORANDUM OPINION A supplemental clerk’s record complying with our order of abatement has been filed. Therefore, we order the appeal reinstated.

The supplemental clerk’s record reflects that 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Do not publish.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).