Opinion
No. 05-21-00028-CR
05-27-2021
SOUPHONH HONGKEO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F19-45408-I
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Reichek
Souphonh Hongkeo filed his notice of appeal on January 12, 2021. After the clerk's record was filed, we notified appellant we had concerns over our jurisdiction in light of the fact the trial court granted a motion for new trial. See TEX. R. APP. P. 21.9(a)-(b) (authorizing trial court to grant motion for new trial and explaining that "[g]ranting a new trial restores the case to its position before the former trial"); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.).
We instructed appellant to file a motion to dismiss with this Court. To date, appellant has not responded. On the Court's own motion, we dismiss this appeal for want of jurisdiction.
We direct the Clerk to issue the mandate immediately.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
210028F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. F19-45408-I.
Opinion delivered by Justice Reichek. Justices Schenck and Carlyle participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered May 27, 2021