                           NUMBER 13-19-00419-CR

                              COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

MICHAEL PATRICK LEE,                                                             Appellant,

                                              v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

              On appeal from the 28th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
              Before Justices Benavides, Longoria, and Perkes
                Memorandum Opinion by Justice Benavides

       Appellant, Michael Patrick Lee, filed a notice of appeal challenging his conviction

for aggravated assault against a public servant. By order signed November 6, 2019, 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.

                                                                 GINA M. BENAVIDES,
                                                                 Justice




Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed the
26th day of November, 2019.




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