Johanna Trejo v. State ( 2019 )

NUMBER 13-19-00077-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOHANNA TREJO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 319th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes
Memorandum Opinion by Justice Longoria
Appellant, Johanna Trejo, filed a notice of appeal challenging her conviction for
tampering with or fabricating physical evidence. By order signed March 28, 2019, the
trial court granted the parties’ agreed 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.
NORA L. LONGORIA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
11th day of April, 2019.
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