Opinion
No. 05-15-00464-CR
06-29-2015
DAMIAN ARNOLD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-76067-P
MEMORANDUM OPINION
Before Justices Francis, Lang-Miers, and Whitehill
Opinion by Justice Francis
Damian Arnold was convicted of aggravated assault with a deadly weapon and initially sentenced to twenty years in prison. The trial court granted appellant's motion for new trial. Appellant then entered into a negotiated guilty plea. The trial court followed the plea bargain, sentenced appellant to fifteen years in prison, and certified that appellant has no right to appeal. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).
The trial court's order granting appellant's motion for new trial returned the case to its original position and that judgment is no longer in place to 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.). Further, appellant has no right to appeal the new conviction and sentence due to his plea agreement. See TEX. R. APP. P. 25.2(a), (d).
We dismiss the appeal for want of jurisdiction. Do Not Publish
TEX. R. APP. P. 47
150464F.U05
/Molly Francis/
MOLLY FRANCIS
JUSTICE
JUDGMENT
On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-76067-P.
Opinion delivered by Justice Francis. Justices Lang-Miers and Whitehill participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.