Alejandro Lopez Villegas v. State

Opinion

Opinion issued December 13, 2012

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00605-CR ——————————— 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 Do not publish.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).