                             NUMBER 13-13-00020-CR

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

ALONZO GONZALEZ,                                                                Appellant,

                                             v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 275th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
      Before Chief Justice Valdez and Justices Rodriguez and Longoria
                     Memorandum Opinion Per Curiam

      Appellant, Alonzo Gonzalez, filed a notice of appeal challenging his conviction for

aggravated sexual assault.     Appellant has filed an unopposed motion to voluntarily

dismiss the appeal because 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

appellant’s unopposed motion to dismiss, is of the opinion that the appeal should be

dismissed for want of jurisdiction. See id. The appellant’s motion is GRANTED and 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Do not publish.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
31st day of January, 2013.




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