Andrew Medina v. State

CourtCourt of Appeals of Texas
DecidedFebruary 11, 2010
Docket14-09-00818-CR
StatusPublished

This text of Andrew Medina v. State (Andrew Medina v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrew Medina v. State, (Tex. Ct. App. 2010).

Opinion

Dismissed and Memorandum Opinion filed February 11, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00818-CR

ANDREW MEDINA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1223670

MEMORANDUM OPINION

Appellant was convicted of possession with intent to deliver a controlled substance on September 18, 2009.  On September 30, 2009 he filed a motion for new trial, which was granted on November 24, 2009. 

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction.  Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161  (Tex. App.—Fort Worth 1996, no pet.).  Because the trial court granted appellant’s motion for new trial, there is no final conviction from which to appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Seymore, and Brown.

Do Not Publish C Tex. R. App. P. 47.2(b).

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Related

Workman v. State
343 S.W.2d 446 (Court of Criminal Appeals of Texas, 1961)
McKown v. State
915 S.W.2d 160 (Court of Appeals of Texas, 1996)

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Bluebook (online)
Andrew Medina v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-medina-v-state-texapp-2010.