Opinion
No. 05-10-01031-CR
Opinion Filed March 30, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 6, Dallas County, Texas, Trial Court Cause No. F08-41183-X.
Before Justices O'NEILL, FITZGERALD, and LANG.
MEMORANDUM OPINION
Appellant was convicted of murder and sentenced to eighty-five years' imprisonment. After appellant filed his notice of appeal, the trial court granted appellant's motion for new trial. An order granting a motion for new trial restores a case to its position before the former trial, and there is no longer a judgment in place, leaving us without jurisdiction over the appeal. See Tex. R. App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.). We dismiss the appeal for want of jurisdiction.