                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                                NO. 09-18-00192-CR
                            ____________________

                            RANDY BAUER, Appellant

                                          V.

                        THE STATE OF TEXAS, Appellee
_______________________________________________________               ______________

                    On Appeal from the 253rd District Court
                           Liberty County, Texas
                          Trial Cause No. CR32082
________________________________________________________               _____________

                           MEMORANDUM OPINION

      The trial court sentenced Randy Bauer on May 3, 2018. On June 22, 2018, the

trial court granted Bauer’s motion for new trial. On June 27, 2018, Bauer’s counsel

filed a motion to dismiss the appeal because the trial court granted Bauer’s motion

for new trial. “Granting a new trial restores the case to its position before the former

trial[.]” See Tex. R. App. P. 21.9(b). Because there is no final, appealable judgment,

we lack jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643-44

(Tex. App.–Dallas 1996, no pet.). Because the trial court has granted a new trial, we

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suspend the requirement that the appellant personally sign the motion to dismiss. See

Tex. R. App. P. 2; see also Tex. R. App. P. 42.2(a). Accordingly, the appeal is

dismissed. See Tex. R. App. P. 43.2(f).

      APPEAL DISMISSED.




                                              ________________________________
                                                      LEANNE JOHNSON
                                                            Justice



Submitted on July 24, 2018
Opinion Delivered July 25, 2018
Do Not Publish

Before Kreger, Horton, and Johnson, JJ.




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