Dan Ross Olin, Jr. v. The State of Texas Appeal from 35th District Court of Brown County (memorandum opinion per curiam)
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Opinion filed February 24, 2017 In The Eleventh Court of Appeals ___________ No. 11-16-00362-CR ___________ DAN ROSS OLIN, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR24367 MEMORANDUM OPINION Dan Ross Olin, Jr., filed an appeal from his December 9, 2016 conviction for the offense of continuous sexual abuse of a young child. After Appellant filed this appeal, the trial court granted Appellant’s motion for new trial. We dismiss this appeal without prejudice. On February 21, 2017, the trial court timely signed an order in which it set aside Appellant’s conviction and granted a new trial in this case. See TEX. R. APP. P. 21.8. “Granting a new trial restores the case to its position before the former trial.” TEX. R. APP. P. 21.9(b). Thus, Appellant has been returned to a position in which there is no judgment of conviction from which to appeal. Consequently, no final, appealable judgment remains over which this court currently has jurisdiction. This dismissal does not in any way prejudice Appellant’s right to file a notice of appeal in this cause in the future. We dismiss this appeal for want of jurisdiction. PER CURIAM February 24, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2
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