Opinion
No. 05-14-01020-CR
10-02-2014
JOSE RAMIRO DELAROSA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-52888-T
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Myers
Opinion by Justice Myers
Jose Ramiro Delarosa was convicted of unauthorized use of a motor vehicle and sentenced to 18 months' confinement in a state jail. Sentence was imposed in open court on July 9, 2014. Appellant filed a motion for new trial on August 6, 2014, which the trial court granted. The Court has before it appellant's motion to dismiss the appeal stating the trial court granted his motion for new trial. The State, in response, asks that we abate the appeal for findings regarding whether the trial court intended to grant a new trial. We deny the State's motion to abate.
An order granting a motion for new trial restores a case to its position before the former trial and there is no longer a judgment in place. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Absent a judgment of conviction or other appealable order, this Court has no jurisdiction over an appeal. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App—Dallas 1998, no pet.).
Accordingly, we grant appellant's motion and dismiss the appeal for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141020F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-52888-T.
Opinion delivered by Justice Myers, Chief
Justice Wright and Justice Francis participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.