The opinion
Opinion issued October 4, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00559-CR
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JOSE QUIROZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 1296576
MEMORANDUM OPINION
On June 12, 2012, the trial court sentenced appellant, Jose Quiroz, and he
filed a notice of appeal. On July 12, 2012, appellant timely filed a motion for new
trial which the trial court granted on August 24, 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 TEX. R. APP. P. 21.9(b). Therefore, appellant has filed a motion to dismiss the
appeal. See TEX. R. APP. P. 42.2.
Accordingly, we grant appellant’s motion and 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Do not publish.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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