Valerie Solis v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2009
• Docket: 13-08-00181-CR
• Status: Published

Opinion

NUMBER 13-08-00181-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG _____________________________________________________________

VALERIE SOLIS, Appellant,

v.

THE STATE OF TEXAS, Appellee. ______________________________________________________________

On appeal from the 28th District Court of Nueces County, Texas. _____________________________________________________________

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

Appellant, Valerie Solis, filed a notice of appeal challenging her conviction for

aggravated robbery and aggravated kidnapping. By order signed May 21, 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Do not publish.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 29th day of January, 2009.