Edward Lee Branch v. The State of Texas Appeal from 177th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 29, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00554-CR ——————————— EDWARD LEE BRANCH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 177th District Court Harris County, Texas Trial Court Case No. 1380251 MEMORANDUM OPINION A jury found appellant, Edward Lee Branch, guilty of the felony offense of aggravated sexual assault of a child under the age of fourteen and assessed punishment at confinement for life. The trial court imposed sentence on June 15, 2015. Appellant filed a notice of appeal and, on July 15, 2015, timely filed a motion for new trial, which the trial court granted on August 31, 2015. The granting of a motion for new trial 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 appellant’s appeal. See Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.). The appeal was rendered moot by the order granting a new trial. See TEX. R. APP. P. 21.9(b). Accordingly, we dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f). We dismiss all pending motions as moot. We direct the Clerk of this Court to issue the mandate within ten days of the date of this opinion. See TEX. R. APP. P. 18.1. PER CURIAM Panel consists of Justices Jennings, Higley, and Brown. Do not publish. TEX. R. APP. P. 47.2(b). 2
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