Nidia Tanya Quistian v. State

• Court: Court of Appeals of Texas
• Decided: February 7, 2013
• Docket: 13-12-00534-CR
• Status: Published

Opinion

NUMBER 13-12-00534-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

NIDIA TANYA QUISTIAN, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 329th District Court of Wharton County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, Nidia Tanya Quistian, filed a notice of appeal challenging her conviction

for possession of a controlled substance with intent to deliver. By order signed

November 1, 2012, 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.— Dallas 1996, no pet.).

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

trial court's order granting a new trial, is of the opinion that the appeal should be

dismissed for want of jurisdiction. See id. 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Do not publish.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 7th day of February, 2013.