ALDO SERVIN JR APPELLANT v. << (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

THE STATE OF TEXAS

STATE

MEMORANDUM OPINION1

Appellant Aldo Servin, Jr. timely filed a motion for new trial and a notice of appeal from the trial court's September 15, 2010 judgment adjudicating guilt.   The trial court subsequently timely granted Servin's motion for new trial.   See Tex.R.App. P. 21.8(a).   The granting of a motion for new trial restores the case to its original position in the trial court.   See Tex.R.App. P. 21.9.   Therefore, the appeal has become moot, and on our own motion, we dismiss the appeal as moot.  Tex.R.App. P. 43.2(f).

PANEL:  MCCOY, MEIER, and GABRIEL, JJ.

Tex.R.App. P. 47.2(b)

DELIVERED:  December 23, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.