Jarvis Hill v. The State of Texas--Appeal from 115th District Court of Upshur County
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-11-00005-CR ______________________________ JARVIS HILL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 115th Judicial District Court Upshur County, Texas Trial Court No. 15,449 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Appellant, Jarvis Hill, filed a notice of appeal January 6, 2011, from his conviction for aggravated robbery with a deadly weapon. Hill also filed a motion for new trial. The trial court subsequently granted that motion for new trial, and Hill has therefore filed a motion to dismiss his appeal. 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 Hill s appeal. See Waller v. State, 931 S.W.2d 640, 643 44 (Tex. App. Dallas 1996, no pet.). Consequently, Hill s motion to dismiss is granted, and we dismiss the appeal as moot. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: February 16, 2011 February 17, 2011 Do Not Publish 2
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