William Gill v. State

Opinion

NUMBER 13-09-00465-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG _____________________________________________________________

WILLIAM GILL, Appellant,

v.

THE STATE OF TEXAS, Appellee. ______________________________________________________________

On appeal from the 214th District Court of Nueces County, Texas. _____________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides Memorandum Opinion Per Curiam

Appellant, William Gill, filed a notice of appeal challenging his conviction for

intoxication manslaughter. By order signed October 9, 2009, 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Do not publish.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 28th day of January, 2010.