Michael Shaun Eplin v. State

• Court: Court of Appeals of Texas
• Decided: September 18, 2015
• Docket: 07-15-00319-CR
• Status: Published

Opinion

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

No. 07-15-00319-CR ________________________

MICHAEL EPLIN, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas Trial Court No. 70,320-D; Honorable Don Emerson, Presiding

September 18, 2015

MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Michael Eplin, perfected this appeal from his conviction for evading

arrest or detention with a vehicle,1 enhanced, for which he received a twenty-five-year

sentence. Sentence was imposed on July 10, 2015, and Appellant filed a Motion for

1 TEX. PENAL CODE ANN. § 38.04 (West Supp. 2014). New Trial on August 10, 2015.2 Our Clerk’s Record reflects that on September 3, 2015,

and within its period of plenary power, the trial court granted Appellant’s Motion for New

Trial. See TEX. R. APP. P. 21.8(a) (granting trial court power after imposing sentence to

rule on a motion for new trial).

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

Do not publish.

2 The deadline for filing a motion for new trial was August 9, 2015, but that date was a Sunday and the deadline was extended to Monday, August 10, 2015. See TEX. R. APP. P. 21.4; TEX. R. CIV. P. 4.