DUNTA BROWN v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Dunta Brown was convicted and sentenced in open court on December 2, 2010.   Appellant filed a motion for new trial and a notice of appeal.   On February 23, 2011, we received a copy of the trial court's February 7, 2011 order granting the motion for new trial.   Therefore, by letter dated February 24, 2011, we directed appellant to file either a motion to dismiss the appeal that complied with rule 42.2(a) or a letter brief explaining why the appeal should proceed.   On March 1, 2011, we received appellant's motion to dismiss the appeal.   The motion does not, however, comply with rule 42.2(a) because it is not signed by appellant himself.   See Tex.R.App. P. 42.2(a).   Nevertheless, because an order granting a motion for new trial restores a case to its position before the former trial, there is no longer a judgment in place, leaving us without jurisdiction over the appeal.   See Tex.R.App. P. 21.9(b);  Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.).   Therefore, we conclude we may rule on appellant's motion to dismiss based on the granting of the new trial.   See Waller, 931 S.W.2d at 643-44.

Accordingly, we grant appellant's March 1, 2011 motion to dismiss.   We dismiss the appeal for want of jurisdiction.

PER CURIAM