Mary Jane Sitton v. State

• Court: Court of Appeals of Texas
• Decided: March 14, 2019
• Docket: 14-18-01050-CR
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 14, 2019

In The

Fourteenth Court of Appeals

NO. 14-18-01050-CR

MARY JANE SITTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 4 Harris County, Texas Trial Court Cause No. 2212338

MEMORANDUM OPINION

Appellant was convicted of assault and timely filed a notice of appeal. Appellant also timely filed a motion for new trial, which the trial court granted by written order within seventy-five days after imposing sentence. Tex. R. App. P. 21.8(a). Generally, we have jurisdiction to consider an appeal by a criminal defendant only after a final judgment of conviction. See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Because the trial court granted appellant’s motion for new trial, a final judgment of conviction no longer exists. See Tex. R. App. P. 21.9(b).

Appellant has filed a motion to dismiss the appeal. We grant the motion. The appeal is dismissed.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Jewell and Spain.

Do Not Publish — Tex. R. App. P. 47.2(b)