Ex Parte Drewery

CAMPBELL, Judge.

This is a post conviction writ of habeas corpus. See Art. 11.07, V.A.C.C.P.

The question presented is whether the trial court was divested of jurisdiction to grant a motion for new trial once notice of appeal was filed by the applicant herein. We answer in the negative and we grant relief.

Applicant alleges that the trial court acted without lawful authority in rescinding its order granting his motion for a new trial. The State argues that the original motion for new trial was void inasmuch as it was granted after applicant had filed notice of appeal.

On November 3, 1982…