Opinion
No. 05-16-00181-CR
04-27-2016
LUTHER DALE TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-58915-T
MEMORANDUM OPINION
Before Justices Myers, Stoddart, and Whitehill
Opinion by Justice Stoddart
After a jury convicted Luther Taylor of indecency with a child, the trial court assessed punishment at life imprisonment. The Court now has before it appellant's motion to dismiss the appeal, asserting the trial court granted appellant's motion for new trial. The motion to dismiss the appeal is not signed by appellant, as is required by rule 42.2(a). See TEX. R. APP. P. 42.2(a). Therefore, we deny the motion to dismiss.
The trial court's judgment does not reflect a finding regarding prior convictions, but the State filed a "Notice of Intent to Prove Prior Felony Conviction and Seek Punishment of Automatic Life Sentence." --------
An order granting a motion for new trial restores the case to its position before the former trial, and the judgment is no longer in place. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Absent a judgment of conviction or other appealable order, there is nothing before the Court over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex App.—Dallas 1998, no pet.).
We dismiss the appeal for want of jurisdiction.
/Craig Stoddart/
CRAIG STODDART
JUSTICE Do Not Publish
TEX. R. APP. P. 47
160181F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-58915-T.
Opinion delivered by Justice Stoddart, Justices Myers and Whitehill participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 27th day of April, 2016.