Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 13, 2012.

In The Fourteenth Court of Appeals NO. 14-12-00549-CR CONRADO CALDERAS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 1314256

MEMORANDUM OPINION

Appellant was convicted of murder. Subsequently, the trial court granted appellant’s motion for new trial. Appellant filed a motion to dismiss his appeal.

Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 170 Tex. Crim. App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. – Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal.

Accordingly, we grant appellant's motion and dismiss the appeal.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Jamison.

Do Not Publish — TEX. R. APP. P. 47.2(b).