Treasure Smith v. the State of Texas
This text of Treasure Smith v. the State of Texas (Treasure Smith v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 27, 2022.
In The
Fourteenth Court of Appeals
NO. 14-22-00364-CR
TREASURE SMITH, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from County Criminal Court at Law No. 12 Harris County, Texas Trial Court Cause No. 2339436
MEMORANDUM OPINION
Appellant was convicted of assault of a family member. 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. App. 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.
We grant appellant’s motion to dismiss and dismiss the appeal for want of jurisdiction.
PER CURIAM
Panel consists of Justices Spain, Poissant, and Wilson Do Not Publish — Tex. R. App. P. 47.2(b)
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