Charles R. McFall v. State

Opinion

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).

DO NOT PUBLISH