Kyle Ramirez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 22, 2024
• Docket: 07-23-00303-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00303-CR

KYLE RAMIREZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Collingsworth County, Texas Trial Court No. 3094, Honorable Ron Enns, Presiding by Assignment

February 22, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Kyle Ramirez, appeals from the trial court’s judgment adjudicating him

guilty of sexual assault of a child1 and sentencing him to fifteen years of confinement.

Following the adjudication, the trial court granted Appellant’s motion for new trial. The

legal effect of an order granting a new trial is to vacate the original judgment and restore

the case to its position before the former trial. TEX. R. APP. P. 21.9(b). As there is now

1 See TEX. PENAL CODE ANN. § 22.011. no final judgment from which an appeal may be prosecuted, this Court has no jurisdiction

over the appeal.2 See McLaughlin v. State, No. 07-15-00416-CR, 2015 Tex. App. LEXIS

13008, at *1 (Tex. App.—Amarillo Dec. 29, 2015, no pet.) (per curiam) (mem. op., not

designated for publication).

Accordingly, the appeal is dismissed for want of jurisdiction.

Per Curiam

Do not publish.

2 By letter of January 30, 2024, we directed Appellant to show how we have jurisdiction over this

appeal by February 12. Appellant has not filed response or had any further communication with this Court to date.