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Date Submitted: May 13, 2013 Date Decided: May 14, 2013 Do Not Publish