                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                               ________________
                               NO. 09-13-00050-CR
                               ________________

                 LEEJAY EMANUEL CHARGOIS, Appellant

                                         V.

                  THE STATE OF TEXAS, Appellee
__________________________________________________________________

                On Appeal from the 252nd District Court
                       Jefferson County, Texas
                       Trial Cause No. 12-14299
__________________________________________________________________

                          MEMORANDUM OPINION

      Leejay Emanuel Chargois has filed a motion to dismiss his appeal.

Chargois’s motion shows that the trial court granted Chargois’s motion for new

trial while the court retained plenary power over the case. See Tex. R. App. P.

21.8(a). No reply has been filed. The Court lacks jurisdiction over the appeal,

because the trial court granted a new trial. See Tex. R. App. P. 21.9(b) (“Granting a

new trial restores the case to its position before the former trial, including, at any



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party’s option, arraignment or pretrial proceedings initiated by that party.”).

Accordingly, the appeal is dismissed.

      APPEAL DISMISSED.


                                        _________________________________
                                                DAVID GAULTNEY
                                                     Justice


Opinion Delivered April 24, 2013
Do Not Publish

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




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