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 *2 for new trial. See T EX . R. A PP . 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. T EX . R. A PP . 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Per Curiam Do not publish.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

[1] See T EX . P ENAL C ODE A NN . § 22.021(a)(2)(B) (West 2014).