Avery v. State

Full title: DEJUAN LEE AVERY, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 24, 2005

No. 05-04-00365-CR (Tex. App. Aug. 24, 2005)

Opinion

No. 05-04-00365-CR

Opinion Filed August 24, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 363^rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-63396-W. Dismiss.

Before Justices WRIGHT, BRIDGES, and FITZGERALD.

MEMORANDUM OPINION

Opinion By Justice FITZGERALD.

The appeal was abated by the Court's order of April 28, 2005. We REINSTATE this appeal. Dejuan Lee Avery was convicted of murder and sentenced to 99 years in prison after a jury trial. After this Court abated Avery's appeal, the trial court granted the parties' Agreed Motion for New Trial. The granting of a new trial restores the case to its position before the former trial. See Tex.R.App.P. 21.9. Because there is no sentence to be appealed, we have no jurisdiction to consider this appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.). We DISMISS the appeal for want of jurisdiction.