Opinion
No. 06-10-00011-CR
Date Submitted: March 3, 2010.
Date Decided: March 4, 2010. DO NOT PUBLISH.
On Appeal from the 6th Judicial District Court Lamar County, Texas, Trial Court No. 23211.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Appellant, Kendall Price Corpus, filed a notice of appeal on February 1, 2010, from his conviction of stalking. Corpus also filed a motion for new trial. The trial court subsequently granted that 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). Because there is no conviction from which to appeal, we have no jurisdiction to consider Corpus's appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.). Consequently, Corpus's motion to dismiss is granted, and we dismiss the appeal as moot.