Bobby Johns v. The State of Texas--Appeal from 427th District Court of Travis County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00766-CR Bobby Johns, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 427TH JUDICIAL DISTRICT NO. D-1-DC-08-300230, HONORABLE JIM CORONADO, JUDGE PRESIDING MEMORANDUM OPINION Bobby Johns filed a notice of appeal and a motion for new trial on November 19, 2010. The record reflects that the district court granted Johns s motion for new trial. Because [g]ranting a new trial restores the case to its position before the former trial, this appeal was rendered moot by the trial court s order. See Tex. R. App. P. 21.9(b). Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f). Jeff Rose, Justice Before Chief Justice Jones, Justices Puryear and Rose Dismissed Filed: August 29, 2012 Do Not Publish

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