Opinion
NUMBER 13-17-00674-CR
01-25-2018
ESMERALDA LORENA CHAVEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the County Court at Law No. 1 of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Rodriguez
Appellant, Esmeralda Lorena Chavez, filed a notice of appeal challenging her conviction for harassment. By order signed January 3, 2018, 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.BDallas 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. Any pending motions are likewise dismissed.
NELDA V. RODRIGUEZ
Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 25th day of January, 2018.