Michael Patrick Lee v. State

NUMBER 13-19-00419-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MICHAEL PATRICK LEE, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 28th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Perkes
Memorandum Opinion by Justice Benavides
Appellant, Michael Patrick Lee, filed a notice of appeal challenging his conviction
for aggravated assault against a public servant. By order signed November 6, 2019, 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.
GINA M. BENAVIDES,
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
26th day of November, 2019.
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