Timothy Graves v. State ( 2006 )

NO. 07-06-0344-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 29, 2006
______________________________
TIMOTHY DARON GRAVES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 46TH DISTRICT COURT OF HARDEMAN COUNTY;
NO. 3961; HONORABLE TOM NEELY, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant Timothy Daron Graves perfected this appeal to challenge his conviction
for burglary of a habitation. Pending before this Court is a motion to dismiss filed pursuant
to Rule 42.2 of the Texas Rules of Appellate Procedure by which appellant asserts the trial
court granted his motion for new trial. Attached to the motion is a copy of the trial court’s
order granting the motion for new trial.
We cannot grant the motion to dismiss under Rule 42.2(a) because it is not
personally signed by appellant. We will, however, treat the motion as a motion to dismiss
for want of jurisdiction.
The legal effect of granting a motion for new trial restores the case to its position
before the former trial. Tex. R. App. P. 21.9. There being 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.).
Accordingly, we dismiss this appeal for want of jurisdiction.
Don H. Reavis
Justice
Do not publish.
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