The opinion
Opinion issued December 13, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00605-CR
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ALEJANDRO LOPEZ VILLEGAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 9
Harris County, Texas
Trial Court Cause No. 1808792
MEMORANDUM OPINION
On June 21, 2012, the trial court sentenced appellant, Alejandro Lopez
Villegas, and he filed a notice of appeal. On July 20, 2012, appellant timely filed a
motion for new trial which the trial court granted on September 4, 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). Appellant has filed a motion to dismiss the
appeal because the motion for new trial was granted. See TEX. R. APP. P. 42.2.
Although the appellant did not sign the motion to dismiss, 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.
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 Keyes, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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