Esmeralda Lorena Chavez v. State

NUMBER 13-17-00674-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
ESMERALDA LORENA CHAVEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 1
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Rodriguez
Appellant, Esmeralda Lorena Chavez, filed a notice of appeal challenging her
conviction for harassment. By order signed January 3, 2018, 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.BDallas 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. Any pending motions are likewise dismissed.
NELDA V. RODRIGUEZ
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the 25th
day of January, 2018.
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