Jason Booker v. The State of Texas Appeal from 137th District Court of Lubbock County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-15-00317-CR JASON BOOKER, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. 2014-403,307, Honorable John J. "Trey" McClendon III, Presiding October 2, 2015 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellant, Jason Booker, filed notice of appeal from his conviction for the first degree felony offense of aggravated sexual assault of a child,1 for which he received a ten year sentence. Sentence was imposed on July 16, 2015, and appellant filed a motion for new trial on July 28, 2015. The clerk's record reflects that on September 1, 2015, and within its period of plenary power, the trial court granted appellant's motion 1 See TEX. PENAL CODE ANN. § 22.021(a)(2)(B) (West 2014). for new trial. See TEX. R. APP. P. 21.8(a) (granting trial court power after imposing sentence to rule on a 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. TEX. R. APP. P. 21.9(b). Without a conviction from which to appeal, we have no jurisdiction to consider appellant's appeal. See State v. Bates, 889 S.W.2d 306, 310 (Tex. Crim. App. 1994); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Accordingly, this appeal is dismissed for want of jurisdiction. Per Curiam Do not publish. 2

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