William Lotin Parker v. State

• Court: Court of Appeals of Texas
• Decided: August 25, 2011
• Docket: 13-11-00444-CR
• Status: Published

Opinion

NUMBER 13-11-00444-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

WILLIAM LOTIN PARKER, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On Appeal from the 278th District Court of Walker County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Vela, and Perkes Memorandum Opinion Per Curiam

Appellant, William Lotin Parker, filed a notice of appeal challenging his conviction.

By order signed July 8, 2011, the trial court granted appellant's 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. See TEX. R. APP. P. 21.9(b). Because there is no conviction to be appealed, we have no jurisdiction to consider this appeal. See Waller v. State, 931

S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.).

The Court, having examined and fully considered the documents on file and the

trial court's order granting a new trial, is of the opinion that the appeal should be

dismissed for want of jurisdiction. See id. The appeal is hereby DISMISSED FOR

WANT OF JURISDICTION.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 25th day of August, 2011.