Kyle Eugene Pollard v. State ( 2018 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-18-00084-CR
KYLE EUGENE POLLARD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th District Court
Delta County, Texas
Trial Court No. 7221
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Appellant Kyle Eugene Pollard filed a notice of appeal from the trial court’s judgment
revoking his community supervision and sentencing him to twenty years’ imprisonment. Pollard
also filed a motion for new trial in the trial court, which the trial court subsequently granted.
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 judgment from which Pollard can
appeal, we have no jurisdiction to consider this appeal. See Waller v. State, 931 S.W.2d 640, 640–
44 (Tex. App.—Dallas 1996, no pet.). Recognizing that fact, Pollard has filed a motion to dismiss
the appeal.
Pollard’s motion to dismiss is granted, and we dismiss this appeal for want of jurisdiction.
Ralph K. Burgess
Justice
Date Submitted: July 2, 2018
Date Decided: July 3, 2018
Do Not Publish
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