Opinion
No. 05-10-00708-CR
Opinion Filed January 6, 2011. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the County Court at Law No. 4, Collin County, Texas, Trial Court Cause No. 004-89232-09.
Before Justices MOSELEY, BRIDGES, and O'NEILL.
MEMORANDUM OPINION
David Perkins Coon, Jr. filed a notice of appeal from the trial court's judgment convicting him of assault involving family violence. The trial court subsequently granted appellant's motion for new trial. We now have before us appellant's motion to dismiss the appeal on the basis of the new trial having been granted. 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.). Accordingly, we grant the December 17, 2010 motion to dismiss the appeal. We dismiss the appeal for want of jurisdiction.