Scott Philip Sandidge v. State

• Court: Court of Appeals of Texas
• Decided: March 6, 2008
• Docket: 13-07-00232-CR
• Status: Published

Opinion

NUMBER 13-07-232-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________________________________________

SCOTT PHILIP SANDIDGE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

______________________________________________________________

On appeal from the 221st District Court

of Montgomery County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

Appellant, Scott Philip Sandidge, filed a notice of appeal challenging his conviction for indecency of a child. By order signed January 3, 2008, 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Do not publish.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).

Memorandum Opinion delivered and

filed this the 6th day of March, 2008.