Jose Ramiro Delarosa v. State

• Court: Court of Appeals of Texas
• Decided: October 2, 2014
• Docket: 05-14-01020-CR
• Status: Published

Opinion

Dismissed and Opinion Filed October 2, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01020-CR

JOSE RAMIRO DELAROSA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F14-52888-T

MEMORANDUM OPINION Before Chief Justice Wright and Justices Francis and Myers Opinion by Justice Myers Jose Ramiro Delarosa was convicted of unauthorized use of a motor vehicle and

sentenced to 18 months’ confinement in a state jail. Sentence was imposed in open court on July

9, 2014. Appellant filed a motion for new trial on August 6, 2014, which the trial court granted.

The Court has before it appellant’s motion to dismiss the appeal stating the trial court granted his

motion for new trial. The State, in response, asks that we abate the appeal for findings regarding

whether the trial court intended to grant a new trial. We deny the State’s motion to abate.

An order granting a motion for new trial restores a 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 or

other appealable order, this Court has no jurisdiction over an appeal. See Wright v. State, 969

S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.). Accordingly, we grant appellant’s motion and dismiss the appeal for want of jurisdiction.

/Lana Myers/ LANA MYERS JUSTICE

Do Not Publish TEX. R. APP. P. 47 141020F.U05

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

JOSE RAMIRO DELAROSA, Appellant On Appeal from the 283rd Judicial District Court, Dallas County, Texas No. 05-14-01020-CR V. Trial Court Cause No. F14-52888-T. Opinion delivered by Justice Myers, Chief THE STATE OF TEXAS, Appellee Justice Wright and Justice Francis participating.

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

Judgment entered this 2nd day of October, 2014.

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