Opinion
No. 05-15-01383-CR
02-02-2016
JAVONTA MCCHEL WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-75534-P
ORDER
The Court REINSTATES the appeal.
On January 28, 2016, we ordered the trial court to make findings regarding why the reporter's record has not been filed. On January 29, 2016, we received a letter from counsel stating the trial court had granted appellant's motion for new trial and that the case has been transferred to the 194th Judicial District Court. A copy of the trial court's order granting the motion for new trial as to punishment is attached to counsel's letter. Accordingly, we conclude findings are no longer required and we VACATE the January 28, 2016 order.
An order granting a new trial as to punishment restores the case to its position after the defendant was found guilty. See TEX. R. APP. P. 21.9(c). A notice of appeal filed after a finding of guilt is premature, but is effective an deemed filed as of the date sentence is imposed in open court. See TEX. R. APP. P. 27.1(b). Therefore, the trial court's order granting the motion for new trial as to punishment only has made appellant's October 22, 2015 notice of appeal premature, but effective. See TEX. R. APP. P. 21.9(c), 27.1(b).
Accordingly, we ORDER appellant to file, within TEN DAYS of the date of this order, either a motion to dismiss this appeal that complies with Texas Rule of Appellate Procedure 42.2(a) or a motion to abate the appeal until appellant has been sentenced following his new punishment hearing.
We DIRECT the Clerk to send copies of this order to the Honorable Ernest White, Presiding Judge, 194th Judicial District Court, and to counsel for all parties.
/s/ ADA BROWN
JUSTICE