David Kenneth Locy v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-18-00250-CR

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DAVID KENNETH LOCY, Appellant V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 9th District Court Montgomery County, Texas

Trial Cause No. 18-04-05315-CR ________________________________________________________ _____________

MEMORANDUM OPINION

On June 19, 2018, the trial court sentenced David Kenneth Locy in Trial Cause Number 18-04-05315-CR. Locy filed a notice of appeal on June 22, 2018. On July 18, 2018, Locy filed a motion for new trial. The trial court granted a motion for new trial on punishment on August 24, 2018, while it maintained plenary power over the case. See Tex. R. App. P. 21.8(a). On August 28, 2018, we notified the parties that unless our jurisdiction over the appeal was established, the appeal would be dismissed for lack of jurisdiction. No reply has been filed.

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The notice of appeal invoked the Court's appellate jurisdiction to review a judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

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LEANNE JOHNSON

Justice

Submitted on September 18, 2018 Opinion Delivered September 19, 2018 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.