Opinion
NUMBER 13-12-00534-CR
02-07-2013
NIDIA TANYA QUISTIAN, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 329th District Court
of Wharton County, Texas.
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Nidia Tanya Quistian, filed a notice of appeal challenging her conviction for possession of a controlled substance with intent to deliver. By order signed November 1, 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PER CURIAM Do not publish.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).