
 In The


Court of Appeals


Ninth District of Texas at Beaumont

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NO. 09-07-546 CR

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JERRY GLYNN STEPHENS, Appellant


V.


THE STATE OF TEXAS, Appellee




On Appeal from the County Court at Law No. 3
Montgomery County, Texas

Trial Cause No. 05-210675




MEMORANDUM OPINION

	The trial court convicted Jerry Glynn Stephens of driving while intoxicated.  Stephens
was sentenced on October 17, 2007.  Within thirty days of sentencing, Stephens filed a
motion for new trial and a notice of appeal.  Tex. R. App. P. 21.4(a), 26.2(a)(2).  The trial
court granted the motion for new trial on November 26, 2007.  Tex. R. App. P. 21.8.
	If the trial court grants a new trial, it restores the case to its position before the former
trial.  Tex. R. App. P. 21.9(b).  The notice of appeal filed by Stephens does not invoke our
appellate jurisdiction because the judgment being appealed has been vacated by the granting
of the motion for new trial.  See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.--Dallas
1996, no pet.).  The State did not file a notice of appeal.  See Tex. Code Crim. Proc. Ann.
art. 44.01(a)(3) (Vernon Supp. 2007).  The appeal is dismissed for lack of jurisdiction.
	APPEAL DISMISSED.


							_____________________________
								STEVE McKEITHEN
								         Chief Justice
 

Opinion Delivered January 30, 2008
Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.
