Mark Meru v. State

NUMBER 13-12-00138-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ MARK MERU, Appellant, v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes

Memorandum Opinion Per Curiam Appellant, Mark Meru, filed a notice of appeal challenging his conviction for burglary of a habitation. By order signed March 30, 2012, 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.

PER CURIAM Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 19th day of July, 2012.