






NUMBER 13-09-00465-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

_____________________________________________________________

WILLIAM GILL, 	Appellant,

v.


THE STATE OF TEXAS, 	Appellee.
______________________________________________________________

On appeal from the 214th District Court 
of Nueces County, Texas.

_____________________________________________________________

MEMORANDUM OPINION

 
Before Justices Rodriguez, Garza, and Benavides

Memorandum Opinion Per Curiam

	Appellant, William Gill, filed a notice of appeal challenging his conviction for
intoxication manslaughter.  By order signed October 9, 2009, 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Do not publish.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
28th day of January, 2010. 




 
