                          NUMBER 13-12-00138-CR

                              COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

MARK MERU,                                                                       Appellant,

                                              v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 117th District Court
                   of Nueces County, Texas.
____________________________________________________________

                           MEMORANDUM OPINION
             Before Justices Rodriguez, Benavides, and Perkes
                     Memorandum Opinion Per Curiam

       Appellant, Mark Meru, filed a notice of appeal challenging his conviction for

burglary of a habitation.    By order signed March 30, 2012, 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.BDallas 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Do not publish.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
19th day of July, 2012.




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