Narrative Opinion Summary
William Lotin Parker appealed his conviction in the Thirteenth Court of Appeals of Texas. However, the trial court had granted his motion for a new trial on July 8, 2011, which restored the case to its pre-trial status, thereby removing any conviction to appeal. Citing Texas Rule of Appellate Procedure 21.9(b) and referencing Waller v. State, the Court concluded that it lacked jurisdiction to hear the appeal because there was no conviction in place. Consequently, the appeal was dismissed for want of jurisdiction. The dismissal was finalized on August 25, 2011, and the opinion was to remain unpublished.
Legal Issues Addressed
Dismissal of Appeal for Want of Jurisdictionsubscribe to see similar legal issues
Application: The appeal was dismissed because the appellate court determined there was no conviction in place to provide a basis for jurisdiction.
Reasoning: Citing Texas Rule of Appellate Procedure 21.9(b) and referencing Waller v. State, the Court concluded that it lacked jurisdiction to hear the appeal because there was no conviction in place.
Jurisdiction of Appeals Following Grant of New Trialsubscribe to see similar legal issues
Application: The legal principle that an appellate court lacks jurisdiction to hear an appeal when a new trial has been granted and the case is restored to its pre-trial status is applied here.
Reasoning: However, the trial court had granted his motion for a new trial on July 8, 2011, which restored the case to its pre-trial status, thereby removing any conviction to appeal.