
NO. 07-04-0275-CR



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



JULY 7, 2004



______________________________





SADIE RAYNE WILLIAMS, APPELLANT



V.



THE STATE OF TEXAS, APPELLEE





_________________________________



FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY;



NO. 105,893; HONORABLE PAMELA COOK SIRMON, JUDGE



_______________________________



Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

After appellant Sadie Rayne Williams filed a notice of appeal challenging her conviction, on June 2, 2004, the trial court signed an order granting her motion for new trial.  Pending before this Court is appellant’s motion to dismiss her appeal which is accompanied by a certified copy of the trial court’s order.  We grant the motion.

The granting of a motion for new trial in a criminal case is governed by Rule 21.9 of the Texas Rules of Appellate Procedure.  The legal effect of granting the motion  restores the case to its position before the former trial.  
See
 State v. Bates, 889 S.W.2d 306, 310 (Tex.Cr.App. 1994);
 see also
 Waller v. State 931 S.W.2d 640, 643 (Tex.App.–Dallas 1996, no pet.).

Accordingly, the appeal is dismissed and the Clerk of this Court is directed to issue mandate.

Don H. Reavis

    Justice





Do not publish.	

