MAURICE SANTANNA ROGERS v. THE STATE OF TEXAS

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Court of Appeals of Texas, Dallas.

MAURICE SANTANNA ROGERS, Appellant v. THE STATE OF TEXAS, Appellee

No. 05-08-01268-CR

Decided: January 28, 2010

Before Justices Moseley, Richter, and Francis

MEMORANDUM OPINION

Maurice Santanna Rogers was convicted of injury to a child.   After sentence was imposed on August 22, 2008, appellant filed a motion for new trial and a notice of appeal.   The trial court granted appellant's motion for new trial on August 28, 2008.

When the trial court grants a motion for new trial, the case is restored to its position before the former trial.   See Tex.R.App. P. 21.9(b).  Because there is no sentence to be appealed, we have no jurisdiction over the appeal.   See Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.).   We dismiss the appeal for want of jurisdiction.1

FOOTNOTES

FN1. We do not rule on appellant's December 16, 2009 motion to dismiss the appeal because it is not signed by both appellant and his attorney.   See Tex.R.App. P. 42.2(a)..  FN1. We do not rule on appellant's December 16, 2009 motion to dismiss the appeal because it is not signed by both appellant and his attorney.   See Tex.R.App. P. 42.2(a).

PER CURIAM

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