Opinion
No. 07-14-00438-CR
02-04-2015
LEONARDO MEJIA HERNANDEZ, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 416th District Court Collin County, Texas
Trial Court No. 416-82962-2013; Honorable Chris Oldner, Presiding
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Leonardo Mejia Hernandez, filed a notice of appeal challenging his conviction for solicitation to commit sexual assault of a child. The trial court has now granted Appellant a new trial.
TEX. PENAL CODE ANN. § 22.011(a)(2) (West 2011).
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.3d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Consequently, this appeal is dismissed for want of jurisdiction.
Per Curiam Do not publish.