IN THE TENTH COURT OF APPEALS No. 10-12-00430-CR JESSE HARGROVE, Appellant v. THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2011-2208-C2

MEMORANDUM OPINION Jesse Hargrove was convicted of evading arrest or detention using a vehicle and sentenced to three years in prison. See TEX. PENAL CODE ANN. § 38.04 (West Supp. 2012).

He appealed that conviction. On January 4, 2013, we received a copy of an order signed by the trial court which granted Hargrove’s motion for new trial. By letter dated January 9, 2013, the clerk of this Court notified the parties that, because the trial court granted a new trial, we would dismiss the appeal as moot unless, within 21 days from the date of the letter, a response was filed showing grounds for continuing the appeal.

No response has been filed.

Accordingly, this appeal is dismissed. See TEX. R. APP. P. 44.3.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed February 7, 2013 Do not publish [CR25]

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