Kenneth Dillon v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 23, 2024
• Docket: 05-24-00592-CR
• Status: Published

Opinion

DISMISS and Opinion Filed July 23, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00592-CR

KENNETH DILLON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. CR1-23-1625

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Smith Opinion by Justice Molberg A jury convicted Kenneth Dillon of assault causing bodily injury of a family

member. The Court now has before it appellant’s motion to dismiss the appeal,

asserting the trial court granted appellant’s motion for new trial. The motion to

dismiss the appeal is not signed by appellant, as is required by rule 42.2(a). See TEX.

R. APP. P. 42.2(a). Therefore, we deny the motion to dismiss.

An order granting a motion for new trial restores the case to its position before

the former trial, and the judgment is no longer 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, there is nothing before the Court

over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex

App.–Dallas 1998, no pet.).

We dismiss the appeal for want of jurisdiction.

/Ken Molberg/ KEN MOLBERG Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) 240592F.U05

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

KENNETH DILLON, Appellant On Appeal from the County Court at Law No. 1, Rockwall County, Texas No. 05-24-00592-CR V. Trial Court Cause No. CR1-23-1625. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and Smith participating.

Based on the Court’s opinion of this date, we dismiss the appeal for want of

jurisdiction entered July 23, 2024

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