Opinion
No. 14-09-00818-CR
Opinion filed February 11, 2010. DO NOT PUBLISH. — Tex. R. App. P. 47.2(b).
On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause No. 1223670.
Panel consists of Justices YATES, SEYMORE, and BROWN.
MEMORANDUM OPINION
Appellant was convicted of possession with intent to deliver a controlled substance on September 18, 2009. On September 30, 2009 he filed a motion for new trial, which was granted on November 24, 2009. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.-Fort Worth 1996, no pet.). Because the trial court granted appellant's motion for new trial, there is no final conviction from which to appeal. Accordingly, the appeal is ordered dismissed.