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Taylor v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 18, 2007
No. 05-06-01076-CR (Tex. App. Sep. 18, 2007)

Opinion

No. 05-06-01076-CR

Opinion Filed September 18, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F02-50969-VH.

Before Justices MOSELEY, O'NEILL, and FITZGERALD.


MEMORANDUM OPINION


Leofric Darell Taylor was convicted of indecency with a child. The trial court assessed punishment, enhanced by two prior convictions, at twenty-five years' imprisonment. Although the trial court granted appellant's motion for new trial on July 28, 2006, this appeal ensued. The parties filed briefs, but did not discuss the motion for new trial or this court's jurisdiction over the appeal. Both appellant and the State later submitted letter briefs discussing this court's jurisdiction over the appeal, and the State filed a motion to abate the appeal to correct potential inaccuracies in the appellate record. When the trial court grants a motion for new trial, it restores the case to its position before the former trial. Tex. R. App. P. 21.9. Because there is no sentence to be appealed, we have no jurisdiction to consider appellant's appeal or the State's motion. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.). We dismiss the appeal for want of jurisdiction.


Summaries of

Taylor v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 18, 2007
No. 05-06-01076-CR (Tex. App. Sep. 18, 2007)
Case details for

Taylor v. State

Case Details

Full title:LEOFRIC DARELL TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 18, 2007

Citations

No. 05-06-01076-CR (Tex. App. Sep. 18, 2007)