Opinion
No. 02-10-00265-CR
Delivered: October 14, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b)
Appealed from the 297th District Court of Tarrant County.
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Melvin Forrest Berry, Jr. filed a timely notice of appeal challenging his conviction and sentence for the state jail felony of theft, enhanced. The trial court subsequently granted his motion for new trial, to which the State agreed, and then on the same day convicted and sentenced Appellant for the same offense pursuant to a plea bargain, which included express waivers of his prior notice of appeal, any pretrial motions, and any and all rights of appeal. The trial court's certification provides that Appellant has no right of appeal. Appellant has not filed another notice of appeal. Because the trial court granted Appellant's motion for new trial, making any appeal from the original judgment moot, and because Appellant has not filed a notice of appeal from the new judgment, we dismiss this 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.).
See Tex. R. App. P. 25.2(b), 27.1(b); Franks v. State, 219 S.W.3d 494, 497 (Tex. App.-Austin 2007, pet. ref'd).