Opinion
14-22-00266-CR
06-30-2022
ALFREDO CRUZ, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish - Tex.R.App.P. 47.2(b)
On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 17-DCR-076512
Panel consists of Justices Zimmerer, Spain, and Poissant.
MEMORANDUM OPINION
PER CURIAM
After a jury found appellant guilty of sexual assault of a child pursuant to Penal Code section 22.011(a)(2) on March 31, 2022; the trial court entered a judgment of conviction and sentence on April 6, 2022. Appellant's notice of appeal was timely filed on April 1, 2022, after the trial court received the jury verdict. See Tex. R. App. P. 27.1(b).
On May 25, 2022, the trial court clerk filed a supplemental clerk's record including an order the trial court signed May 23, 2022 granting appellant's motion for new trial. The effect of this order was to "restore[] the case to its position before the former trial," see Tex. R. App. P. 21.9(b), such that there is no longer any judgment appellant can appeal from. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.). That result deprives this court of appellate jurisdiction over this matter. See id.
The State's appeal from that grant of a new trial is pending in case number 14-22-00399-CR.
On May 25, 2022, this court informed the parties of this court's lack of jurisdiction and informed them the appeal was subject to dismissal without further notice unless either party demonstrated the court had jurisdiction. The parties filed no response to the letter. Accordingly, we dismiss the appeal for want of jurisdiction.