Coley Jr., Tommy Willis v. State

Opinion

DISMISS; Opinion Filed February 13, 2013.

In The nurt nf ppiata 3iiftI Oi6trirt nf xa at attas No. 05-11-01317-CR

TOMMY WILLIS COLEY, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F11-11006-Y

MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Richter’ Opinion by Justice Myers We reinstate this appeal. Tommy Willis Coley, Jr. was convicted of aggravated assault

and sentenced to eight years’ imprisonment. Appellant appealed his conviction, including issues

that the trial court erred by denying his amended motion for new trial and by failing to conduct a

hearing on his amended motion for new trial. We abated the appeal and ordered the trial court to

conduct a hearing on the amended motion for new trial. The trial court held a hearing and

granted appellant’s amended motion for new trial.

1. The Hon. Martin Richter, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment. When a trial court grants a motion for new trial, it restores the case to its position before

the tormer trial. See TEx. R. App. P. 2t.9. Because there is no sentence to be appealed, we have

no jurisdiction over this appeal. See Wailer v. State, 931 S.W.2d 640, 643—44 (Tex. App.—

Dallas 1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.

/t4 LANAM ERS JUSTICE

Do Not Publish TEx. R. APP. P.47 1113 17F.U05 Qtuurt uf Aipiab 3FiftI! itritt nf ixa at atta JUDGMENT

Tommy Willis Coley, Jr., Appellant On Appeal from the Criminal District Court No. 7, Dallas County, Texas No. 0541-01317-CR V. Trial Court Cause No. Fl 1-1 1006-Y. Opinion delivered by Justice Myers. The State of Texas, Appellee Justices Lang-Miers and Richter participating.

We REINSTATE this appeal. Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.

th 13 Judgment entered this day of February 2013. ,

LANA M ERS JUSTICE