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Foreman v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 30, 2011
No. 05-10-01031-CR (Tex. App. Mar. 30, 2011)

Opinion

No. 05-10-01031-CR

Opinion Filed March 30, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the Criminal District Court No. 6, Dallas County, Texas, Trial Court Cause No. F08-41183-X.

Before Justices O'NEILL, FITZGERALD, and LANG.


MEMORANDUM OPINION


Appellant was convicted of murder and sentenced to eighty-five years' imprisonment. After appellant filed his notice of appeal, the trial court granted appellant's motion for new trial. 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.). We dismiss the appeal for want of jurisdiction.


Summaries of

Foreman v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 30, 2011
No. 05-10-01031-CR (Tex. App. Mar. 30, 2011)
Case details for

Foreman v. State

Case Details

Full title:BRANDON FOREMAN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 30, 2011

Citations

No. 05-10-01031-CR (Tex. App. Mar. 30, 2011)