Damian Arnold v. State

Opinion

Dismissed and Opinion Filed June 29, 2015

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00464-CR

DAMIAN ARNOLD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F14-76067-P

MEMORANDUM OPINION

Before Justices Francis, Lang-Miers, and Whitehill Opinion by Justice Francis Damian Arnold was convicted of aggravated assault with a deadly weapon and initially

sentenced to twenty years in prison. The trial court granted appellant’s motion for new trial.

Appellant then entered into a negotiated guilty plea. The trial court followed the plea bargain,

sentenced appellant to fifteen years in prison, and certified that appellant has no right to appeal.

See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).

The trial court’s order granting appellant’s motion for new trial returned the case to its

original position and that judgment is no longer in place to appeal. See TEX. R. APP. P. 21.9(b);

Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.––Dallas 1996, no pet.). Further, appellant

has no right to appeal the new conviction and sentence due to his plea agreement. See TEX. R.

APP. P. 25.2(a), (d).

We dismiss the appeal for want of jurisdiction.

Do Not Publish TEX. R. APP. P. 47 /Molly Francis/ 150464F.U05 MOLLY FRANCIS JUSTICE

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

DAMIAN ARNOLD, Appellant On Appeal from the 203rd Judicial District Court, Dallas County, Texas No. 05-15-00464-CR V. Trial Court Cause No. F14-76067-P.

Opinion delivered by Justice Francis.

THE STATE OF TEXAS, Appellee Justices Lang-Miers and Whitehill participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered June 29, 2015.