                             NUMBER 13-09-00604-CR

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
_____________________________________________________________

LAURIE BASS,                                                              Appellant,

                                            v.

THE STATE OF TEXAS,                                   Appellee.
______________________________________________________________

             On appeal from the 130th District Court
                  of Matagorda County, Texas.
_____________________________________________________________

                         MEMORANDUM OPINION

               Before Justices Rodriguez, Garza, and Benavides
                      Memorandum Opinion Per Curiam

       Appellant, Laurie Bass, filed a notice of appeal challenging her conviction for

possession of a controlled substance. By order signed December 2, 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Do not publish.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 25th
day of February, 2010.




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