Opinion
No. 13-08-00181-CR
Opinion delivered and filed January 29, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On appeal from the 28th District Court of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices RODRIGUEZ and BENAVIDES.
MEMORANDUM OPINION
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.