Opinion
No. 05-09-00337-CR
Opinion issued April 15, 2010. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the County Criminal Court No. 11, Dallas County, Texas, Trial Court Cause No. MA07-21255-N.
Before Justices MORRIS, O'NEILL, and FILLMORE.
MEMORANDUM OPINION
After Roderic Byron Smith waived his right to a jury trial, the trial court found him guilty of family violence assault. The trial court later granted appellee's motion for new trial. On appeal, the State contends the trial court had no jurisdiction to grant the motion for new trial when it did. We agree. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. Appellee was originally convicted and sentenced on December 11, 2008. The trial court later granted appellee's motion for new trial. The order attached to the motion and the trial court's docket reflect that the court granted the motion for new trial on March 2, 2009. Because more than seventy-five days had passed since appellee had been convicted and sentenced, the trial court no longer retained jurisdiction over the case on that date. See Tex. R. App. P. 21.8; State v. Garza, 931 S.W.2d 560, 562 (Tex. Crim. App. 1996); Parmer v. State, 38 S.W.3d 661, 666 (Tex. App.-Austin 2000, pet. ref'd). The order granting the motion the new trial was therefore a nullity. We resolve the State's sole issue in its favor. We vacate the trial court's order granting appellee a new trial and reinstate the judgment of December 11, 2008.