Opinion
NO. 02-13-00199-CR
08-01-2013
VICTOR MARTINEZ APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION
The trial court granted Appellant Victor Martinez's motion for new trial after adjudicating him guilty of aggravated assault with a deadly weapon. An order granting a motion for new trial restores a case to its position before the former trial, and there is no longer a judgment in place. See Tex. R. App. P. 21.9(b). Absent a judgment of conviction, we have no jurisdiction over this appeal. SeeMcKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (holding that appellate court generally has jurisdiction to consider an appeal by a criminal defendant only when there has been a judgment of conviction). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Hicks v. State, Nos. 05-11-01341-CR, 05-11-01342-CR, 2011 WL 6119122, *1 (Tex. App.—Dallas Dec. 9, 2011, no pet.) (mem. op., not designated for publication) (dismissing appeal after trial court adjudicated appellant's guilt but then granted new trial).
PER CURIAM PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
See Tex. R. App. P. 47.4.