Opinion
NO. 14-15-00237-CR
02-18-2016
PASTOR ISREAL DIAZ-BONILLA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court Harris County, Texas
Trial Court Cause No. 1311548
MEMORANDUM OPINION
Appellant was convicted of engaging in organized criminal activity. Subsequently, the trial court granted appellant's motion for new trial.
We affirmed the trial court's decision on appeal from the State in an opinion issued February 9, 2016. See State of Texas v. Diaz-Bonilla, No. 14-15-00503-CR, ___ WL ___ (Tex. App.—Houston [14th Dist.] Feb 9, 2016, no pet. h.). --------
Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 170 Tex. Crim. App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. - Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal.
Accordingly, we dismiss the appeal.
PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher, McCally. Do Not Publish — Tex. R. App. P. 47.2(b)