Jacob Walton v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00140-CR
JACOB WALTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 361st District Court
Brazos County, Texas
Trial Court No. 11-04803-CRF-361, Honorable Steven Lee Smith, Presiding
May 20, 2014
ORDER ON DISMISSAL
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant Jacob Walton was convicted of aggravated robbery. Sentence was
imposed on March 19, 2014, and a notice of appeal was filed on March 31, 2014.
Appellant filed a timely motion for new trial, which was granted on May 7, 2014. See
TEX. R. APP. P. 21.4(a), 26.2(a). Appellant has attached a copy of the order to a motion
to dismiss the appeal which was filed in this court on May 15, 2014. So too has he
attached affidavits signed by himself and counsel attesting to the above referenced
facts.
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. Because there is no conviction to
be appealed, we have no jurisdiction to consider appellant’s appeal. Waller v. State,
931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.).
Accordingly, we dismiss the appeal for want of jurisdiction.
Per Curiam
Do not publish.
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