Darin Bernard Johnson v. State

• Court: Court of Appeals of Texas
• Decided: August 14, 2019
• Docket: 05-19-00582-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed August 14, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00582-CR

DARIN BERNARD JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F17-75869-V

MEMORANDUM OPINION Before Justices Myers, Molberg, and Carlyle Opinion by Justice Molberg Before the Court is appellant’s August 12, 2019 motion to withdraw the appeal. In the

motion, appellant states the trial court granted the motion for new trial and asks to withdraw the

appeal. The motion is signed by appellate counsel but is not signed by appellant. See TEX. R. APP.

P. 42.2(a) (appellant and his attorney must sign written motion to dismiss). Therefore, we deny

the motion.

Also before the Court is a copy of the trial court’s July 19, 2019 order granting appellant’s

motion for new trial. When the trial court grants a motion for new trial, the case is restored to its

position before the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be

appealed, we have no jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643–44

(Tex. App.–Dallas 1996, no pet.). We dismiss this appeal for want of jurisdiction.

/Ken Molberg/ KEN MOLBERG JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

190582F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DARIN BERNARD JOHNSON, Appellant On Appeal from the 292nd Judicial District Court, Dallas County, Texas No. 05-19-00582-CR V. Trial Court Cause No. F17-75869-V. Opinion delivered by Justice Molberg, THE STATE OF TEXAS, Appellee Justices Myers and Carlyle participating.

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

Judgment entered this 14th day of August, 2019.

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