Opinion
07-23-00303-CR
02-22-2024
KYLE RAMIREZ, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish.
On Appeal from the 100th District Court Collingsworth County, Texas Trial Court No. 3094, Honorable Ron Enns, Presiding by Assignment
Before QUINN, C.J., and PARKER and DOSS, JJ.
MEMORANDUM OPINION
Per Curiam
Appellant, Kyle Ramirez, appeals from the trial court's judgment adjudicating him guilty of sexual assault of a child and sentencing him to fifteen years of confinement. Following the adjudication, the trial court granted Appellant's motion for new trial. The legal effect of an order granting a new trial is to vacate the original judgment and restore the case to its position before the former trial. Tex.R.App.P. 21.9(b). As there is now no final judgment from which an appeal may be prosecuted, this Court has no jurisdiction over the appeal. See McLaughlin v. State, No. 07-15-00416-CR, 2015 Tex.App. LEXIS 13008, at *1 (Tex. App.-Amarillo Dec. 29, 2015, no pet.) (per curiam) (mem. op., not designated for publication).
By letter of January 30, 2024, we directed Appellant to show how we have jurisdiction over this appeal by February 12. Appellant has not filed response or had any further communication with this Court to date.
Accordingly, the appeal is dismissed for want of jurisdiction.