Opinion
NO. 01-16-00198-CR
07-12-2016
CHARLES DWAYNE FAULK, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court Harris County, Texas
Trial Court Case No. 1476053
MEMORANDUM OPINION
A jury found appellant, Charles Dwayne Faulk, guilty of the felony offense of aggravated robbery with a deadly weapon and assessed punishment at confinement for fifty years. The trial court imposed sentence on February 26, 2016. Appellant filed a notice of appeal and, on March 24, 2016, timely filed a motion for new trial. See TEX. R. APP. P. 21.4(a). The trial court granted the motion on May 6, 2016. See TEX. R. APP. P. 21.8(a).
TEX. PENAL CODE ANN. § 29.03(a)(2) (Vernon 2011). --------
The granting of a motion for new trial restores the case to its position before the former trial and renders the appeal moot. See TEX. R. APP. P. 21.9(b). Because there is no conviction to be appealed, we have no jurisdiction to consider appellant's appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.).
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss all pending motions as moot.
We direct the Clerk of this Court to issue the mandate within ten days of the date of this opinion. See TEX. R. APP. P. 18.1.
PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).