Larry Lausch v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 25, 2021
• Docket: 14-21-00063-CR
• Status: Published

Opinion

Motion to Abate Denied and Memorandum Opinion filed May 25, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00063-CR

LARRY LAUSCH, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 15-CR-3088

MEMORANDUM OPINION

Appellant was convicted of two counts of the felony offense of indecency with a child by contact and punishment was assessed at four years’ confinement. Subsequently, the trial court granted appellant’s motion for new trial.

Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 170 Tex. Crim. App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. – Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Bourliot, Poissant, and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b)