Victor Martinez v. State

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00199-CR

VICTOR MARTINEZ APPELLANT V.

THE STATE OF TEXAS STATE

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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY ----------

MEMORANDUM OPINION1

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The trial court granted Appellant Victor Martinez’s motion for new trial after adjudicating him guilty of aggravated assault with a deadly weapon. An order granting a motion for new trial restores a case to its position before the former trial, and there is no longer a judgment in place. See Tex. R. App. P. 21.9(b). Absent a judgment of conviction, we have no jurisdiction over this appeal. See

1 See Tex. R. App. P. 47.4.

McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.) (holding that appellate court generally has jurisdiction to consider an appeal by a criminal defendant only when there has been a judgment of conviction). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Hicks v. State, Nos. 05-11-01341-CR, 05-11-01342-CR, 2011 WL 6119122, *1 (Tex. App.—Dallas Dec. 9, 2011, no pet.) (mem. op., not designated for publication) (dismissing appeal after trial court adjudicated appellant’s guilt but then granted new trial).

PER CURIAM

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: August 1, 2013