Nidia Tanya Quistian v. State

NUMBER 13-12-00534-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ NIDIA TANYA QUISTIAN, Appellant, v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 329th District Court of Wharton County, Texas. ____________________________________________________________ MEMORANDUM OPINION

Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, Nidia Tanya Quistian, filed a notice of appeal challenging her conviction for possession of a controlled substance with intent to deliver. By order signed November 1, 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.— Dallas 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Do not publish.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

7th day of February, 2013.