Opinion issued May 3, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-12-00027-CR

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JAMES WHITNEY BROWN, Appellant

V.

The State of Texas, Appellee

On Appeal from the 184th District Court

Harris County, Texas

MEMORANDUM OPINION

On December 14, 2011, the trial court sentenced appellant, James Whitney Brown, to 12 years in the Institutional Division of the Texas Department of Criminal Justice for the felony offense of aggravated sexual assault.  On December 21, 2011, appellant filed a notice of appeal. On January 13, 2012, appellant timely filed a motion for new trial, which the trial court granted on January 20, 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 id.

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.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.

Do not publish.   Tex. R. App. P. 47.2(b).