Mark Anthoney Garza v. State of Texas

Court of Appeals of Texas

Mark Anthoney Garza v. State of Texas

DecidedOctober 25, 2000

Docket04-00-00446-CR

StatusPublished

This text of Mark Anthoney Garza v. State of Texas (Mark Anthoney Garza v. State of Texas) 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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Mark Anthoney Garza v. State of Texas, (Tex. Ct. App. 2000).

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Opinion

00-00446 Garza v State of Texas.wpd No. 04-00-00446-CR Mark Anthony GARZA, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 1999-CR-4313 Honorable Sid Harle, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: October 25, 2000

APPEAL DISMISSED FOR LACK OF JURISDICTION

On June 29, 2000, appellant, Mark Anthony Garza, filed both his notice of appeal and a motion for new trial with the trial court. The trial court granted Garza's motion for new trial on August 16, 2000. Because the granting of a motion for new trial restores the case to its position before the former trial, the judgment which is the subject of Garza's notice of appeal is no longer final and appealable. See Tex. R. App. P. 21.9, 25.2(2). Accordingly, this court lacks jurisdiction to over this appeal.

The appeal is dismissed for lack of jurisdiction.

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00-00446 Garza v State of Texas.wpd No. 04-00-00446-CR Mark Anthony GARZA, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 1999-CR-4313 Honorable Sid Harle, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: October 25, 2000

APPEAL DISMISSED FOR LACK OF JURISDICTION

On June 29, 2000, appellant, Mark Anthony Garza, filed both his notice of appeal and a motion for new trial with the trial court. The trial court granted Garza's motion for new trial on August 16, 2000. Because the granting of a motion for new trial restores the case to its position before the former trial, the judgment which is the subject of Garza's notice of appeal is no longer final and appealable. See Tex. R. App. P. 21.9, 25.2(2). Accordingly, this court lacks jurisdiction to over this appeal.

The appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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Mark Anthoney Garza v. State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-anthoney-garza-v-state-of-texas-texapp-2000.