Kendall Price Corpus v. State
Opinion
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00011-CR
KENDELL PRICE CORPUS, Appellant
V.
THE STATE OF TEXAS, Appellee
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 by Justice Moseley
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.
Bailey C. Moseley
Justice
Date Submitted: March 3, 2010
Date Decided: March 4, 2010
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