Jose Ramiro Delarosa v. State ( 2014 )

Dismissed and Opinion Filed October 2, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01020-CR
JOSE RAMIRO DELAROSA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F14-52888-T
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Myers
Opinion by Justice Myers
Jose Ramiro Delarosa was convicted of unauthorized use of a motor vehicle and
sentenced to 18 months’ confinement in a state jail. Sentence was imposed in open court on July
9, 2014. Appellant filed a motion for new trial on August 6, 2014, which the trial court granted.
The Court has before it appellant’s motion to dismiss the appeal stating the trial court granted his
motion for new trial. The State, in response, asks that we abate the appeal for findings regarding
whether the trial court intended to grant a new trial. We deny the State’s motion to abate.
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); Waller v. State, 931
S.W.2d 640, 643–44 (Tex. App.––Dallas 1996, no pet.). Absent a judgment of conviction or
other appealable order, this Court has no jurisdiction over an appeal. See Wright v. State, 969
S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.).
Accordingly, we grant appellant’s motion and dismiss the appeal for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141020F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSE RAMIRO DELAROSA, Appellant On Appeal from the 283rd Judicial District
Court, Dallas County, Texas
No. 05-14-01020-CR V. Trial Court Cause No. F14-52888-T.
Opinion delivered by Justice Myers, Chief
THE STATE OF TEXAS, Appellee Justice Wright and Justice Francis
participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 2nd day of October, 2014.
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