Opinion
No. 05-07-01476-CR
Opinion Filed June 30, 2010. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F06-71463.
Before Justices BRIDGES, RICHTER, and FILLMORE.
The Honorable Amos L. Mazzant was a member of the original panel and participated in the original decision in this case. Since the original decision, Justice Mazzant has accepted appointment as a United States Magistrate Judge, and did not participate in this disposition. Pursuant to the Court's operating rules, Justice Robert M. Fillmore, as Justice Mazzant's successor, participated in this disposition.
MEMORANDUM OPINION
On December 9, 2009, the Court of Criminal Appeals reversed this court's judgment and directed that we abate the appeal and remand the case to the trial court to conduct a hearing on appellant's motion for new trial. Accordingly, we remanded the case to the trial court and ordered the trial court to conduct a hearing on appellant's motion for new trial. We further ordered the trial court to transmit a supplemental reporter's record and a supplemental clerk's record following the hearing. We have received the supplemental reporter's record and the trial court's order granting the motion for new trial. An order granting a motion for new trial restores the case to its position before the former trial, and there is no longer a judgment in place. See Tex. R. App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.). We dismiss this appeal for want of jurisdiction.