Opinion
No. 05-15-01020-CR
02-17-2016
MIGUEL ENRIQUE HERNANDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-76506-T
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Brown
Opinion by Chief Justice Wright
Miguel Enrique Hernandez was convicted of aggravated assault with a deadly weapon. Punishment, enhanced by one prior felony conviction, was assessed at fifteen years' imprisonment. We adopted the trial court's finding that appellant no longer desired to pursue the appeal because he had been granted a new trial, and we ordered the appeal submitted.
An order granting a motion for new trial restores the case to its posture before the former trial, and the judgment is no longer in place to appeal. 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, there is nothing before the Court over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.).
We dismiss the appeal for want of jurisdiction.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE Do Not Publish
TEX. R. APP. P. 47
151020F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-76506-T.
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered February 17, 2016.