NO. 07-01-0464-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D FEBRUARY 12, 2002 ______________________________ MICHAEL LEE MARTIN, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 181ST DISTRICT COURT OF POTTER COUNTY; NO. 12,875-B; HON. JOHN BOARD, PRESIDING _______________________________ Before Boyd, C.J., Quinn and Reavis, J.J.

Michael Lee Martin appealed his conviction for indecency with a child. Prior thereto and within the time allotted for doing so, he also moved for a new trial. Furthermore, within days of the day sentence was imposed, the trial court granted same. This resulted in the cause being restored to its position before former trial, TEX . R. APP. P. 21.9, and, we have no jurisdiction over the appeal. Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.–Dallas 1996, no writ).

Consequently, the appeal is dismissed for want of jurisdiction.

Brian Quinn Justice Do not publish.