In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-13-00050-CR ________________ LEEJAY EMANUEL CHARGOIS, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 12-14299 __________________________________________________________________ MEMORANDUM OPINION Leejay Emanuel Chargois has filed a motion to dismiss his appeal.

Chargois’s motion shows that the trial court granted Chargois’s motion for new trial while the court retained plenary power over the case. See Tex. R. App. P. 21.8(a). No reply has been filed. The Court lacks jurisdiction over the appeal, because the trial court granted a new trial. See Tex. R. App. P. 21.9(b) (“Granting a new trial restores the case to its position before the former trial, including, at any

party’s option, arraignment or pretrial proceedings initiated by that party.”).

Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

_________________________________ DAVID GAULTNEY Justice

Opinion Delivered April 24, 2013 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.