Kendall Price Corpus v. The State of Texas--Appeal from 6th District Court of Lamar County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00011-CR ______________________________ KENDELL PRICE CORPUS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 6th Judicial District Court Lamar County, Texas Trial Court No. 23211 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Appellant, Kendall Price Corpus, filed a notice of appeal on February 1, 2010, from his conviction of stalking. Corpus also filed a motion for new trial. The trial court subsequently granted that 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. TEX. R. APP. P. 21.9(b). Because there is no conviction from which to appeal, we have no jurisdiction to consider Corpus s appeal. See Waller v. State, 931 S.W.2d 640, 643 44 (Tex. App. Dallas 1996, no pet.). Consequently, Corpus s motion to dismiss is granted, and we dismiss the appeal as moot. Bailey C. Moseley Justice Date Submitted: Date Decided: March 3, 2010 March 4, 2010 Do Not Publish 2
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