From Casetext: Smarter Legal Research

Flowers v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 3, 2014
No. 05-14-00599-CR (Tex. App. Jul. 3, 2014)

Opinion

No. 05-14-00599-CR

07-03-2014

EDMOND FLOWERS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 363rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F13-00248-W


MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Evans

Opinion by Chief Justice Wright

Edmond Flowers was convicted by a jury of reckless injury to a child and sentenced to two years' confinement in a state jail facility. Appellant filed a timely motion for new trial and notice of appeal. After the appeal was docketed in this Court, the trial court granted appellant's motion for new trial. We now have before us appellant's June 30, 2014 motion to dismiss the appeal because the motion for new trial was granted.

An order granting a motion for new trial restores a case to its position before the former trial, and 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.). Accordingly, we grant appellant's motion to dismiss the appeal.

We dismiss the appeal for want of jurisdiction.

__________

CAROLYN WRIGHT

CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140599F.U05

JUDGMENT

EDMOND FLOWERS, Appellant V. THE STATE OF TEXAS, Appellee No. 05-14-00599-CR

On Appeal from the 363rd Judicial District

Court, Dallas County, Texas

Trial Court Cause No. F13-00248-W.

Opinion delivered by Chief Justice Wright,

Justices Myers and Evans participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.


Summaries of

Flowers v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 3, 2014
No. 05-14-00599-CR (Tex. App. Jul. 3, 2014)
Case details for

Flowers v. State

Case Details

Full title:EDMOND FLOWERS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 3, 2014

Citations

No. 05-14-00599-CR (Tex. App. Jul. 3, 2014)