Ronald Tyrone Pace v. State of TexasAppeal from County Court at Law of Gregg County (memorandum opinion )
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00048-CR RONALD TYRONE PACE, Appellant V. STATE OF TEXAS, Appellee On Appeal from the County Court at Law Gregg County, Texas Trial Court No. 41560-A Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Ronald Tyrone Pace, appellant, filed a notice of appeal March 22, 2013, from his conviction of assault. Pace also filed a motion for new trial, which the trial court subsequently granted. As a result of the favorable ruling on his motion for a new trial, Pace now seeks to dismiss his pending appeal. The trial court s grant of a new trial 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 Pace s appeal. See Waller v. State, 931 S.W.2d 640, 643 44 (Tex. App. Dallas 1996, no pet.). Consequently, Pace s motion to dismiss is granted, and we dismiss this appeal for want of jurisdiction. Jack Carter Justice Date Submitted: Date Decided: May 13, 2013 May 14, 2013 Do Not Publish 2
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