Modesto Castillo v. State

Opinion

DISMISS; and Opinion Filed October 19, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00810-CR

MODESTO CASTILLO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-82117-2014

MEMORANDUM OPINION Before Chief Justice Wright and Justices Fillmore and Stoddart Opinion by Justice Fillmore Modesto Castillo was convicted of aggravated assault with a deadly weapon and

sentenced to two years’ imprisonment on June 1, 2015. Appellant filed a motion for new trial

on June 11, 2015. See TEX. R. APP. P. 21.4(a) (motion for new trial due within 30 days of date

sentence imposed or suspended in open court). The trial court granted appellant’s motion for

new trial by written order dated June 29, 2015. See TEX. R. APP. P. 21.8(a), (b) (trial court order

granting motion for new trial must be written and entered within 75 days of date sentence

imposed or suspended in open court).

An order granting a motion for new trial restores the case to its posture prior to trial, and

the judgment is no longer in place to appeal. See TEX. R. APP. P. 21.9(b); Waller v. State, 931

S.W.2d 640, 643–44 (Tex. App.––Dallas 1996, no pet.). Absent a judgment of conviction or other appealable order, there is nothing before the Court over which we have jurisdiction. See

Wright v. State, 969 S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.).

We dismiss the appeal for want of jurisdiction.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish TEX. R. APP. P. 47

150810F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MODESTO CASTILLO, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-15-00810-CR V. Trial Court Cause No. 199-82117-2014. Opinion delivered by Justice Fillmore, Chief THE STATE OF TEXAS, Appellee Justice Wright and Justice Stoddart participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 19th day of October, 2015.

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