Joe Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: September 20, 2018
• Docket: 13-18-00400-CR
• Status: Published

Opinion

NUMBERS 13-18-00397-CR, 13-18-00398-CR, 13-18-00399-CR, AND 13-18-00400-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOE HERNANDEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Contreras, and Benavides Memorandum Opinion by Justice Contreras

Appellant, Joe Hernandez, filed notices of appeal challenging his convictions for

burglary in trial court cause numbers 16FC-0189-B, 16FC-0805-B, 17FC-2174-B, and

16CR3791-B. By orders signed on August 8, 2018, the trial court granted appellant's

motion for new trial. When the trial court grants a motion for new trial, it restores the case to its position

before the former trial. See TEX. R. APP. P. 21.9(b). Because there are no convictions

to be appealed, we have no jurisdiction to consider these appeals. See Waller v. State,

931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.).

The Court, having examined and fully considered the documents on file and the

trial court's orders granting a new trial, is of the opinion that these appeals should be

dismissed for want of jurisdiction. See id. The appeals are hereby DISMISSED FOR

WANT OF JURISDICTION.

DORI CONTRERAS Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 20th day of September, 2018.