Opinion
NUMBER 13-13-00020-CR
01-31-2013
ALONZO GONZALEZ, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 275th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria
Memorandum Opinion Per Curiam
Appellant, Alonzo Gonzalez, filed a notice of appeal challenging his conviction for aggravated sexual assault. Appellant has filed an unopposed motion to voluntarily dismiss the appeal because 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 appellant's unopposed motion to dismiss, is of the opinion that the appeal should be dismissed for want of jurisdiction. See id. The appellant's motion is GRANTED and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
31st day of January, 2013.