Espinoza, Andres Jacobo v. The State of Texas

 
DISMISS and Opinion Filed September 26, 2011
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-09-01265-CR
No. 05-09-01266-CR
No. 05-09-01285-CR
............................
ANDRES JACOBO ESPINOZA, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-50884-NR, F08-50886-NR, F08-50885-NR
.............................................................
MEMORANDUM OPINION
Before Justices Morris, O'Neill, and Fillmore
Opinion By Justice O'Neill
 
Andres Jacobo Espinoza was convicted of possession with intent
to deliver heroin in an amount of 200 grams or more but less than 400
grams; possession with intent to deliver methamphetamine in an amount of
four grams or more but less than 200 grams; and possession with intent
to deliver cocaine in an amount of four grams or more but less than 200
grams. We adopted the trial court's finding that appellant's motion for
new trial was granted in each case. 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. See Tex. R. App. P. 21.9(b); Waller v.
State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.).
We dismiss the appeals for want of jurisdiction.
 
MICHAEL J.
O'NEILL
JUSTICE
Do Not Publish
Tex. R. App. P. 47
091265F.U05
 
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