Cody Robichau v. The State of Texas Appeal from 337th District Court of Harris County (memorandum opinion per curiam)
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Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 21, 2023. In The Fourteenth Court of Appeals NO. 14-23-00481-CR CODY ROBICHAU, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 337th District Court Harris County, Texas Trial Court Cause No. 1736768 MEMORANDUM OPINION This is an appeal from a conviction of two charges of possession with intent to deliver a controlled substance. Appellant timely filed his notice of appeal and timely filed a motion for new trial. On August 30, 2023, the trial court granted the motion for new trial. On November 2, 2023, appellant filed a motion to dismiss for lack of jurisdiction. The granting of a new trial restores the case to its position before the former trial. See Tex. R. App. Pro. 21.9(b). The granting of a new trial restores the case to its position after the defendant was found guilty See Tex. R. App. Pro. 21.9(c). The appeal is moot, and the motion is granted. We dismiss the appeal. PER CURIAM Panel consists of Chief Justice Christopher, Justices Wise and Jewell. Do Not Publish — Tex. R. App. P. 47.2(b). 2
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