Escalante v. State

Full title: CESAR ESCALANTE, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 5, 2005

No. 05-05-00174-CR (Tex. App. Jul. 5, 2005)

Opinion

No. 05-05-00174-CR

Opinion Filed July 5, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court, No. 3, Dallas County, Texas, Trial Court Cause No. F03-50249-VJ. Dismiss.

Before Justices MORRIS, LANG, and MAZZANT.

MEMORANDUM OPINION

PER CURIAM.

Cesar Escalante was convicted of injury to an elderly person. Punishment was assessed at ten years' confinement, probated for four years, and a $500 fine. The trial court granted appellant's motion for new trial, restoring the case to its position before the former trial. See Tex.R.App.P.21.9. Because there is no sentence to be appealed, we have no jurisdiction to consider the appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.). We dismiss the appeal for want of jurisdiction.