Pablo Gonzalez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 07-22-00223-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00223-CR

PABLO GONZALEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2019-418419, Honorable Douglas H. Freitag, Presiding

January 11, 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Pablo Gonzalez, was convicted by a jury of online solicitation of a minor

and sentenced to ten years’ confinement.1 It has been brought to the attention of this

Court that the trial court has granted a motion for new trial.

The legal effect of an order granting a new trial is to vacate the original judgment

and restore the case to its position before the former trial. TEX. R. APP. P. 21.9(b). As

1 TEX. PENAL CODE ANN. § 33.021(b). there is no final judgment from which an appeal may be prosecuted, this Court has no

jurisdiction over the appeal. McLaughlin v. State, No. 07-15-00416-CR, 2015 Tex. App.

LEXIS 13008, at *1 (Tex. App.—Amarillo Dec. 29, 2015, no pet.) (mem. op., not

designated for publication); Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas

1996, no pet.).

Accordingly, the appeal is dismissed for want of jurisdiction and mandate will issue

forthwith.

Alex L. Yarbrough Justice

Do not publish.