Stefon Joe Brantley v. State

Opinion

DISMISS; Opinion Filed June 23, 2015.

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-13-01060-CR

STEFON JOE BRANTLEY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F-1257441-L

OPINION Before Justices Lang-Miers, Brown, and Schenck 1 Opinion by Justice Brown

Appellant Stefon Joe Brantley appealed his jury conviction for murder. In his first four

issues, appellant complained of errors occurring at the hearing on his motion for new trial which

prevented the proper presentation of his appeal. We agreed with appellant and remanded to the

trial court to conduct a new hearing on appellant’s motion for new trial.

On remand, pursuant to an agreement between the parties, the trial court granted

appellant’s motion for new trial. Appellant then pleaded guilty to manslaughter in exchange for

the State’s recommendation of a twenty-year sentence. The trial court accepted appellant’s plea,

found appellant guilty of manslaughter, and rendered judgment in accordance with the plea

agreement. 1 The Honorable Justice David Schenck succeeded Justice Michael J. O’Neill, a member of the original panel, following Justice O’Neill’s retirement. Justice Schenck has reviewed the briefs and record before the Court. Because the trial court granted appellant’s motion for new trial, we have no jurisdiction

over appellant’s appeal of his murder conviction. See TEX. R. APP. P. 21.9(b); Waller v. State,

931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.) (when trial court grants a new trial,

there is no sentence to appeal). Additionally, because the trial court certified that appellant had

no right to appeal his manslaughter conviction, we have no jurisdiction over an appeal from that

judgment. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App.

2005).

Consequently, we dismiss this appeal for want of jurisdiction.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

131060F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

STEFON JOE BRANTLEY, Appellant On Appeal from the Criminal District Court No. 5, Dallas County, Texas No. 05-13-01060-CR V. Trial Court Cause No. F-1257441-L. Opinion delivered by Justice Brown. Justices THE STATE OF TEXAS, Appellee Lang-Miers and Schenck participating.

Based on the Court’s opinion of this date, this appeal is DISMISSED.

Judgment entered this 23rd day of June, 2015.

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