Opinion
NUMBER 13-12-00138-CR
07-19-2012
MARK MERU, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 117th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Mark Meru, filed a notice of appeal challenging his conviction for burglary of a habitation. By order signed March 30, 2012, 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 trial court's order granting a new trial, is of the opinion that the appeal should be dismissed for want of jurisdiction. See id. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM Do not publish. TEX. R. APP. P. 47.2(b).