Darvin Lamont Easter v. the State of Texas

Opinion

Opinion issued August 11, 2022

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00276-CR ——————————— DARVIN LAMONT EASTER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 13 Harris County, Texas Trial Court Case No. 2263217

MEMORANDUM OPINION

Appellant, David Lamont Easter, has filed a motion to dismiss his appeal from

the trial court’s judgment because 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 and renders any appeal moot. See TEX. R. APP. P. 21.9(b); Garcia v. State, No. 01-14-00298-CR, 2014 WL 3738051, at *1 (Tex. App.—Houston [1st

Dist.] July 29, 2014, no pet.) (mem. op., not designated for publication).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX.

R. APP. P. 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Landau and Hightower.

Do not publish. TEX. R. APP. P. 47.2(b).