Opinion
No. 05-13-01060-CR
06-23-2015
STEFON JOE BRANTLEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5 Dallas County, Texas
Trial Court Cause No. F-1257441-L
OPINION
Before Justices Lang-Miers, Brown, and Schenck
Opinion by Justice Brown
The Honorable Justice David Schenck succeeded Justice Michael J. O'Neill, a member of the original panel, following Justice O'Neill's retirement. Justice Schenck has reviewed the briefs and record before the Court. --------
Appellant Stefon Joe Brantley appealed his jury conviction for murder. In his first four issues, appellant complained of errors occurring at the hearing on his motion for new trial which prevented the proper presentation of his appeal. We agreed with appellant and remanded to the trial court to conduct a new hearing on appellant's motion for new trial.
On remand, pursuant to an agreement between the parties, the trial court granted appellant's motion for new trial. Appellant then pleaded guilty to manslaughter in exchange for the State's recommendation of a twenty-year sentence. The trial court accepted appellant's plea, found appellant guilty of manslaughter, and rendered judgment in accordance with the plea agreement.
Because the trial court granted appellant's motion for new trial, we have no jurisdiction over appellant's appeal of his murder conviction. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.) (when trial court grants a new trial, there is no sentence to appeal). Additionally, because the trial court certified that appellant had no right to appeal his manslaughter conviction, we have no jurisdiction over an appeal from that judgment. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).
Consequently, we dismiss this appeal for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
131060F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 5, Dallas County, Texas
Trial Court Cause No. F-1257441-L.
Opinion delivered by Justice Brown. Justices Lang-Miers and Schenck participating.
Based on the Court's opinion of this date, this appeal is DISMISSED.