Grajeda v. State

Full title: JUAN CUATHEMOC GRAJEDA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 3, 2005

No. 05-05-00500-CR (Tex. App. Aug. 3, 2005)

Opinion

No. 05-05-00500-CR

Opinion Filed August 3, 2005. DO NOT PUBLISH. Tex.R.App.P.47.

On Appeal from the 282^nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F02-54875-QS. Dismiss.

Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.

MEMORANDUM OPINION

PER CURIAM.

A jury convicted Juan Cuathemoc Grajeda of aggravated robbery and assessed punishment at sixteen years' imprisonment. The trial court granted appellant's motion for new trial. The granting of a motion for new trial restores 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 this 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.