Opinion
14-20-00873-CR
07-01-2021
EMANUEL JOEL THOMAS, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish — Tex.R.App.P. 47.2(b)
On Appeal from the 179th District Court Harris County, Texas Trial Court Cause No. 1457656
Panel consists of Justices Wise, Jewell, and Spain.MEMORANDUM OPINION
PER CURIAM
Appellant was convicted of aggravated assault with a deadly weapon. The trial court assessed punishment at ten years and one day's confinement. Subsequently, the trial court granted appellant's motion for new trial.
Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal.
Accordingly, we deny the motion to abate and dismiss the appeal.