Leonardo Mejia Hernandez v. State

CourtCourt of Appeals of Texas
DecidedFebruary 5, 2015
Docket07-14-00438-CR
StatusPublished

This text of Leonardo Mejia Hernandez v. State (Leonardo Mejia Hernandez v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Leonardo Mejia Hernandez v. State, (Tex. Ct. App. 2015).

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-14-00438-CR ________________________

LEONARDO MEJIA HERNANDEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 416th District Court Collin County, Texas Trial Court No. 416-82962-2013; Honorable Chris Oldner, Presiding

February 4, 2015

MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Leonardo Mejia Hernandez, filed a notice of appeal challenging his

conviction for solicitation to commit sexual assault of a child.1 The trial court has now

granted Appellant a new trial.

1 TEX. PENAL CODE ANN. § 22.011(a)(2) (West 2011). 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 conviction from

which to appeal, we have no jurisdiction to consider Appellant’s appeal. See State v.

Bates, 889 S.W.2d 306, 310 (Tex. Crim. App. 1994); Waller v. State, 931 S.W.3d 640,

643-44 (Tex. App.—Dallas 1996, no pet.). Consequently, this appeal is dismissed for

want of jurisdiction.

Per Curiam

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Related

State v. Bates
889 S.W.2d 306 (Court of Criminal Appeals of Texas, 1994)

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