Opinion
NO. 09-14-00135-CR
09-24-2014
CARL BATISTE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 9th District Court Montgomery County, Texas
Trial Cause No. 05-10-08801 CR
MEMORANDUM OPINION
The trial court sentenced the appellant, Carl Batiste, on March 6, 2014. Batiste filed a notice of appeal on March 12, 2014, and he filed a motion for new trial on April 7, 2014. On May 13, 2014, the trial court signed an order granting a new trial on punishment only. See Tex. R. App. P. 21.9(c). The order restored the case to its position after the appellant was found guilty. Id.
On August 20, 2014, the State filed a motion to dismiss the appeal for lack of jurisdiction. The appellant did not file a response to the State's motion to dismiss. Because there is no final, appealable judgment, we grant the State's motion and dismiss the appeal without prejudice.
APPEAL DISMISSED.
/s/_________
STEVE McKEITHEN
Chief Justice
Submitted on September 23, 2014
Opinion Delivered September 24, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.