Jose Quiroz v. The State of Texas
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Opinion issued October 4, 2012 In The Court of Appeals For The First District of Texas NO. 01-12-00559-CR JOSE QUIROZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 263rd District Court Harris County, Texas Trial Court Cause No. 1296576 MEMORANDUM OPINION On June 12, 2012, the trial court sentenced appellant, Jose Quiroz, and he filed a notice of appeal. On July 12, 2012, appellant timely filed a motion for new trial which the trial court granted on August 24, 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). The appeal was rendered moot by the order granting a new trial. See TEX. R. APP. P. 21.9(b). Therefore, appellant has filed a motion to dismiss the appeal. See TEX. R. APP. P. 42.2. Accordingly, we grant appellant s motion and 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 Do not publish.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). 2
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