Leejay Emanuel Chargois v. State

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-13-00050-CR ________________

LEEJAY EMANUEL CHARGOIS, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 12-14299 __________________________________________________________________

MEMORANDUM OPINION

Leejay Emanuel Chargois has filed a motion to dismiss his appeal.

Chargois’s motion shows that the trial court granted Chargois’s motion for new

trial while the court retained plenary power over the case. See Tex. R. App. P.

21.8(a). No reply has been filed. The Court lacks jurisdiction over the appeal,

because the trial court granted a new trial. See Tex. R. App. P. 21.9(b) (“Granting a

new trial restores the case to its position before the former trial, including, at any

1 party’s option, arraignment or pretrial proceedings initiated by that party.”).

Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

_________________________________ DAVID GAULTNEY Justice

Opinion Delivered April 24, 2013 Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.