Randy Bauer v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-18-00192-CR

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RANDY BAUER, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 253rd District Court Liberty County, Texas

Trial Cause No. CR32082

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MEMORANDUM OPINION

The trial court sentenced Randy Bauer on May 3, 2018. On June 22, 2018, the trial court granted Bauer’s motion for new trial. On June 27, 2018, Bauer’s counsel filed a motion to dismiss the appeal because the trial court granted Bauer’s motion for new trial. “Granting a new trial restores the case to its position before the former trial[.]” See Tex. R. App. P. 21.9(b). Because there is no final, appealable judgment, we lack jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.–Dallas 1996, no pet.). Because the trial court has granted a new trial, we

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suspend the requirement that the appellant personally sign the motion to dismiss. See Tex. R. App. P. 2; see also Tex. R. App. P. 42.2(a). Accordingly, the appeal is dismissed. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

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LEANNE JOHNSON

Justice

Submitted on July 24, 2018 Opinion Delivered July 25, 2018 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.