Nathan J. Rosnow v. State

• Court: Court of Appeals of Texas
• Decided: May 27, 2010
• Docket: 14-10-00162-CR
• Status: Published

Opinion

Order of May 20, 2010, Withdrawn; Appeal Dismissed and Memorandum Opinion filed May 27, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00162-CR

NATHAN J. ROSNOW, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 6

Harris County, Texas

Trial Court Cause No. 1537036

MEMORANDUM OPINION

          Appellant was convicted of failure to stop and give information and filed this appeal.  Subsequently, the trial court granted appellant’s motion for new trial.

            Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction.  See Workman v. State, 170 Tex. Crim. App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. – Fort Worth 1996, no pet.).  Because appellant has been granted a new trial, there is no final conviction to appeal. 

Accordingly, we dismiss the appeal. 

Further, we withdraw our order of May 20, 2010, for Wendy Wilkerson to file the reporter’s record in this appeal.

PER CURIAM

Panel consists of Justices Brown, Sullivan, and Christopher.

Do Not Publish C Tex.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