Michael Lee Martin v. State ( 2002 )

NO. 07-01-0464-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
FEBRUARY 12, 2002
______________________________
MICHAEL LEE MARTIN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 181ST DISTRICT COURT OF POTTER COUNTY;
NO. 12,875-B; HON. JOHN BOARD, PRESIDING
_______________________________
Before Boyd, C.J., Quinn and Reavis, J.J.
Michael Lee Martin appealed his conviction for indecency with a child. Prior thereto
and within the time allotted for doing so, he also moved for a new trial. Furthermore, within
75 days of the day sentence was imposed, the trial court granted same. This resulted in
the cause being restored to its position before former trial, TEX . R. APP. P. 21.9, and, we
have no jurisdiction over the appeal. Waller v. State, 931 S.W.2d 640, 643-44 (Tex.
App.–Dallas 1996, no writ).
Consequently, the appeal is dismissed for want of jurisdiction.
Brian Quinn
Justice
Do not publish.
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