Richard Moreno v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2010
• Docket: 14-09-00189-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 4, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00189-CR

RICHARD MORENO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1097436

M E M O R A N D U M   O P I N I O N

Appellant was convicted of aggravated sexual assault of a child 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. 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. 

PER CURIAM

Panel consists of Justices Frost, Boyce, and Sullivan.

Do Not Publish C Tex.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