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Do not publish.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.
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