                              NUMBER 13-19-00077-CR

                              COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOHANNA TREJO,                                                                   Appellant,

                                              v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 319th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
      Before Chief Justice Contreras and Justices Longoria and Perkes
                 Memorandum Opinion by Justice Longoria

       Appellant, Johanna Trejo, filed a notice of appeal challenging her conviction for

tampering with or fabricating physical evidence. By order signed March 28, 2019, the

trial court granted the parties’ agreed 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.

                                                                 NORA L. LONGORIA
                                                                 Justice


Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed the
11th day of April, 2019.




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