                              NUMBER 13-08-00181-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
_____________________________________________________________

VALERIE SOLIS,                                                                   Appellant,

                                              v.

THE STATE OF TEXAS,                                   Appellee.
______________________________________________________________

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

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

       Appellant, Valerie Solis, filed a notice of appeal challenging her conviction for

aggravated robbery and aggravated kidnapping. By order signed May 21, 2008, 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Do not publish.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).

Memorandum Opinion delivered and
filed this the 29th day of January, 2009.




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