James Lawrence Copeland v. State

Opinion

DISMISS; and Opinion Filed March 27, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00393-CR

JAMES LAWRENCE COPELAND, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F11-58889-W

MEMORANDUM OPINION Before Justices Lang-Miers, Murphy, and Fillmore Opinion by Justice Lang-Miers James Lawrence Copeland was convicted of aggravated assault with a deadly weapon

involving family violence and sentenced to thirty years’ imprisonment. On March 12, 2013, the

trial court granted appellant’s motion for new trial. We now have before us appellant’s motion

to dismiss the appeal because the motion for new trial was granted. We conclude we lack

jurisdiction over the appeal

An order granting a new trial restores the case to its position before the former trial and

there is no longer a judgment in place. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d

640, 643–44 (Tex. App.––Dallas 1996, no pet.). Absent a judgment of conviction we have no

jurisdiction over the appeal. We grant appellant’s motion to dismiss. We dismiss the appeal for want of jurisdiction.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

Do Not Publish TEX. R. APP. P. 47

130393F.U05

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

JAMES LAWRENCE COPELAND, On Appeal from the 363rd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F11-58889-W. No. 05-13-00393-CR V. Opinion delivered by Justice Lang-Miers, Justices Murphy and Fillmore participating. THE STATE OF TEXAS, Appellee

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

Judgment entered this 27th day of March, 2013.

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