Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00139-CR
Federico JUAREZ Sr.,
Appellant
v.
The State of
The STATE of Texas,
Appellee
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 11-05-13303-CR
Honorable Richard C. Terrell, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 3, 2013
DISMISSED AS MOOT
On February 13, 2013, appellant was convicted of aggravated sexual assault of a child and
sentenced to life in prison. Appellant timely filed a motion for new trial and a notice of appeal. On
April 25, 2013, the trial court granted appellant’s motion for new trial, setting aside “the judgment
and sentence in this cause” and ordering a new trial. On May 21, 2013, we notified appellant that
this appeal appeared to be moot because the trial court granted his motion for new trial. See TEX.
R. APP. 21.9(b) (stating that the granting of a new trial restores a case to its position before trial).
We ordered appellant to file, on or before June 4, 2013, a response explaining why this appeal
04-13-00139-CR
should not be dismissed as moot. No response was filed. Because the trial court granted appellant’s
motion for new trial, making any appeal from the original judgment moot, we dismiss this appeal.
See TEX. R. APP. P. 21.9(b), 43.2(f).
PER CURIAM
DO NOT PUBLISH
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