Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00352-CR Charles R. MCFALL, Appellant v. The STATE of The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR10746 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: July 31, 2013 DISMISSED Appellant was convicted of aggravated assault of a child, and sentence was imposed on May 6, 2013. The trial court signed an order granting appellant’s motion for new trial on July 19, 2013. Because the granting of the motion for new trial “restores the case to its position before the former trial,” this appeal is moot. TEX. R. APP. P. 21.9(b). Accordingly, we dismiss this appeal.

TEX. R. APP. P. 43.2(f).

PER CURIAM DO NOT PUBLISH