The opinion
Opinion issued August 2, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00252-CR
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JOHN ANTHONY LOPEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 184th District Court
Harris County, Texas
Trial Court Cause No. 1282701
MEMORANDUM OPINION
On February 8, 2012, the trial court sentenced appellant, John Anthony
Lopez. On March 8, 2012, appellant timely filed a notice of appeal and a motion
for new trial. The trial court granted appellant’s motion for new trial. 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 appeal was rendered moot by the order granting a new trial.
See TEX. R. APP. P. 21.9(b); 42.2.
Accordingly, we grant appellant’s motion to dismiss the appeal. 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 Bland, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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