John McLaughlin, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: December 29, 2015
• Docket: 07-15-00416-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-15-00416-CR

JOHN L. MCLAUGHLIN, JR., APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 60,418-E, Honorable Douglas Woodburn, Presiding

December 29, 2015

MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, John L. McLaughlin, Jr., attempts to appeal the trial court’s judgment

revoking his deferred adjudication community supervision, adjudicating him guilty of the

offense of aggravated robbery,1 and sentencing him to life imprisonment. The sentence

was imposed on October 15, 2015, and appellant timely filed a motion for new trial on

November 16, 2015.2 See TEX. R. APP. P. 21.4(a). The record reflects that on

1 TEX. PENAL CODE ANN. § 29.03 (West 2011). 2 The 30th day after sentence was imposed was Saturday, November 14, 2015. Therefore, appellant’s deadline for filing a motion for new trial was Monday, November 16, 2015. See TEX. R. APP. P. 4.1(a). December 9, 2015, within its period of plenary power, the trial court granted appellant’s

motion for new trial. See TEX. R. APP. P. 21.8(a).

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

position before the former trial. TEX. R. APP. P. 21.9(b). Without a judgment of

conviction from which to appeal, we have no jurisdiction to consider appellant’s appeal.

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

Consequently, this appeal is dismissed for want of jurisdiction.

Per Curiam

Do not publish.