In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-08-00226-CR
______________________________
JARRARD MCGARY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th Judicial District Court
Bowie County, Texas
Trial Court No. 96-F-377-5
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Jarrard McGary, pro se appellant, has filed with this Court a motion to dismiss his appeal from the denial of his request for post-conviction DNA testing.
McGary's attorney filed an Anders (1) brief March 23, 2009, and simultaneously filed his motion to withdraw and advised McGary of his right to review the record and to file a pro se response.
McGary has requested, and been granted, three extensions of time by this Court to file his pro se response, stating in his requests for extensions that he has not received the full record from the district clerk. We have contacted the district clerk, who has assured us that she has sent everything she has to McGary. According to the district clerk, the last portion of the record McGary is evidently requesting does not belong to the district clerk, but belongs to McGary's trial counsel. It also appears that this record is not of the DNA hearing, but of his underlying 1997 trial for murder.
This Court, and the district clerk, having done all we can to accommodate McGary's requests for the record, and McGary now having requested to dismiss his appeal, we grant the motion.
We dismiss the appeal.
Bailey C. Moseley
Justice
Date Submitted: September 9, 2009
Date Decided: September 10, 2009
Do Not Publish
1. See Anders v. California, 386 U.S. 738 (1967).
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-11-00005-CR
______________________________
JARVIS HILL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 115th Judicial District Court
Upshur County, Texas
Trial Court No. 15,449
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Appellant, Jarvis Hill, filed a notice of appeal January 6, 2011, from his conviction for aggravated robbery with a deadly weapon. Hill also filed a motion for new trial. The trial court subsequently granted that motion for new trial, and Hill has therefore filed a motion to dismiss his appeal.
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(b). Because there is no conviction from which to appeal, we have no jurisdiction to consider Hills appeal. See Waller v. State, 931 S.W.2d 640, 64344 (Tex. App.Dallas 1996, no pet.).
Consequently, Hills motion to dismiss is granted, and we dismiss the appeal as moot.
Josh R. Morriss, III
Chief Justice
Date Submitted: February 16, 2011
Date Decided: February 17, 2011
Do Not Publish