Opinion
No. 05-06-01522-CR
Opinion Filed September 17, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F06-61824-VL.
Before Justices RICHTER, FRANCIS, and LANG-MIERS.
MEMORANDUM OPINION
Marquael Odoric Greer was convicted by a jury of unlawful possession of cocaine in an amount of four grams or more but less than two hundred grams. The jury assessed punishment, enhanced by two prior felony convictions, at forty years' imprisonment. Although the trial court granted appellant's motion for new trial, this appeal ensued. Appellant filed a brief, but did not discuss the 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. Because there is no sentence to be appealed, we have no jurisdiction to consider appellant's appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.). We dismiss the appeal for want of jurisdiction.
Although the judgment states appellant was convicted of unlawful possession with intent to deliver, the State struck the intent to deliver language and it was not included in the jury charge.