Randy Bauer v. State

• Court: Court of Appeals of Texas
• Decided: July 25, 2018
• Docket: 09-18-00192-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00192-CR ____________________

RANDY BAUER, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CR32082 ________________________________________________________ _____________

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

1 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.

________________________________ LEANNE JOHNSON Justice

Submitted on July 24, 2018 Opinion Delivered July 25, 2018 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.