JEFFERY DALE CRECY v. THE STATE OF TEXAS (2011)

Court of Appeals of Texas, Dallas.

JEFFERY DALE CRECY, Appellant v. THE STATE OF TEXAS, Appellee

No. 05–11–00905–CR

Decided: July 29, 2011

Before Justices O'Neill, Francis, and Myers

MEMORANDUM OPINION

Opinion By Justice Francis

Jeffrey Dale Crecy was convicted of burglary of a building. We have received a copy of the trial court's order granting appellant's motion for new trial. An order granting a motion for new trial restores a case to its position before the former trial, and there is no longer a judgment in place, leaving us without jurisdiction over the appeal. See Tex.R.App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643–44 (Tex.App.—Dallas 1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.

110905F.U05

MOLLY FRANCIS JUSTICE

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