                               NUMBER 13-07-232-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
_____________________________________________________________

SCOTT PHILIP SANDIDGE,                                                        Appellant,

                                            v.

THE STATE OF TEXAS,                                   Appellee.
______________________________________________________________

             On appeal from the 221st District Court
                 of Montgomery County, Texas.
_____________________________________________________________

                       MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Garza and Benavides
                  Memorandum Opinion Per Curiam

       Appellant, Scott Philip Sandidge, filed a notice of appeal challenging his conviction

for indecency of a child.    By order signed January 3, 2008, 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Do not publish.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).

Memorandum Opinion delivered and
filed this the 6th day of March, 2008.




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