Susan Marie Sciacca, Appellant v. The State of Texas, Appellee (2016)

MEMORANDUM OPINION

On August 14, 2015, the trial court sentenced appellant, Susan Marie Sciacca, to two years in the Institutional Division of the Texas Department of Criminal Justice for the felony offense of aggravated assault with a deadly weapon.  On August 14, 2015, appellant filed a notice of appeal.  On September 4, 2015, appellant timely filed a motion for new trial, which the trial court granted on October 28, 2015.  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 id.

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 ten days of the date of this opinion.  See Tex.R.App. P. 18.1.

PER CURIAM