Opinion
No. 07-15-00317-CR
10-02-2015
JASON BOOKER, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 137th District Court Lubbock County, Texas
Trial Court No. 2014-403,307, Honorable John J. "Trey" McClendon III, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant, Jason Booker, filed notice of appeal from his conviction for the first degree felony offense of aggravated sexual assault of a child, for which he received a ten year sentence. Sentence was imposed on July 16, 2015, and appellant filed a motion for new trial on July 28, 2015. The clerk's record reflects that on September 1, 2015, and within its period of plenary power, the trial court granted appellant's motion for new trial. See TEX. R. APP. P. 21.8(a) (granting trial court power after imposing sentence to rule on a 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. TEX. R. APP. P. 21.9(b). Without a conviction from which to appeal, we have no jurisdiction to consider appellant's appeal. See State v. Bates, 889 S.W.2d 306, 310 (Tex. Crim. App. 1994); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Accordingly, this appeal is dismissed for want of jurisdiction.
Per Curiam Do not publish.
See TEX. PENAL CODE ANN. § 22.021(a)(2)(B) (West 2014).