Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 26, 2013.

In The Fourteenth Court of Appeals NO. 14-13-00096-CR WESLEY ROSS COLLIER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 09CR3370 MEMORANDUM OPINION

Appellant was convicted of theft. After noticing this appeal, appellant filed a motion to dismiss the appeal informing us that the trial court had granted his motion for new trial.

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 dismiss the appeal.

PER CURIAM Panel consists of Justices Frost, Brown, and Busby.

Do Not Publish C TEX.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