Jose Amilcar Hernandez v. State ( 2010 )

Opinion issued December 2, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00346-CR

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JOSE AMILCAR HERNANDEZ, Appellant

V.

The State of Texas, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1188196

MEMORANDUM OPINION

          On April 21, 2010, the trial court sentenced appellant, Jose Amilcar Hernandez, and he filed a notice of appeal.  On May 19, 2010, appellant timely filed a motion for new trial which, after a hearing on June 22, 2010, the trial court granted.   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).  No motion to withdraw the notice of appeal has been filed.  See Tex. R. App P. 42.2.  However, 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.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.

Do not publish.  Tex. R. App. P. 47.2(b).