Joe Daniel Luna v. State ( 2012 )

NO. 07-12-0313-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
AUGUST 10, 2012
______________________________
JOE DANIEL LUNA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 242nd DISTRICT COURT OF HALE COUNTY;
NO. B19083-1203; HON. EDWARD LEE SELF, PRESIDING
_______________________________
Order of Dismissal
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant Joe Daniel Luna was convicted of aggravated assault. Sentence was
imposed on June 19, 2012, and a notice of appeal was filed on July 2, 2012. Appellant
filed a timely motion for new trial, which was granted on August 6, 2012. See TEX. R.
APP. P. 21.4(a), 26.2(a). The trial court clerk has forwarded a certified copy of the trial
court’s order granting the 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. 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Do not publish.
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