Rashard Avery Jones v. State

• Court: Court of Appeals of Texas
• Decided: July 9, 2019
• Docket: 05-19-00670-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed July 9, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00670-CR

RASHARD AVERY JONES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F19-00075-K

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Reichek Rashard Avery Jones appeals the trial court’s April 29, 2019 order placing him on deferred adjudication for indecency with a child by sexual contact. Appellant filed a timely motion for new trial on May 1, 2019 which was granted. On May 3, 2019, appellant filed his notice of appeal. When the trial court grants a motion for new trial, the case is restored to its position before the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be appealed, we have no jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.–Dallas 1996, no pet.). We dismiss this appeal for want of jurisdiction.

Do Not Publish TEX. R. APP. P. 47.2(b) /Amanda L. Reichek/ AMANDA L. REICHEK 190670F.U05 JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

RASHARD AVERY JONES, Appellant On Appeal from the Criminal District Court No. 4, Dallas County, Texas No. 05-19-00670-CR V. Trial Court Cause No. F19-00075-K. Opinion delivered by Justice Reichek, THE STATE OF TEXAS, Appellee Justices Schenck and Osborne participating.

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

Judgment entered this 9th day of July, 2019.

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