Alonzo Gonzalez v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2013
• Docket: 13-13-00020-CR
• Status: Published

Opinion

NUMBER 13-13-00020-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ALONZO GONZALEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Longoria Memorandum Opinion Per Curiam

Appellant, Alonzo Gonzalez, filed a notice of appeal challenging his conviction for

aggravated sexual assault. Appellant has filed an unopposed motion to voluntarily

dismiss the appeal because the trial court granted appellant’s motion for new trial.

When the trial court grants a motion for new trial, it restores the case to its position

before the former trial. See TEX. R. APP. P. 21.9(b). Because there is no conviction to be appealed, we have no jurisdiction to consider this appeal. See Waller v. State, 931

S.W.2d 640, 643-44 (Tex. App.BDallas 1996, no pet.).

The Court, having examined and fully considered the documents on file and the

appellant’s unopposed motion to dismiss, is of the opinion that the appeal should be

dismissed for want of jurisdiction. See id. The appellant’s motion is GRANTED and the

appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed the 31st day of January, 2013.