Victor Magallanes v. State ( 2018 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00062-CR
    Victor MAGALLANES,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 25th Judicial District Court, Guadalupe County, Texas
    Trial Court No. 13-1178-CR-A
    Honorable Doug Shaver, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Karen Angelini, Justice
    Irene Rios, Justice
    Delivered and Filed: July 18, 2018
    DISMISSED FOR LACK OF JURISDICTION
    On January 31, 2013, the Texas Court of Criminal Appeals granted appellant an out-of-
    time appeal. On February 1, 2018, appellant filed a notice of appeal. On May 29, 2018, the trial
    court clerk filed a supplemental clerk’s record which contained appellant’s motion for new trial
    and the trial court’s May 22, 2018 order granting appellant’s motion for new trial as to punishment
    only. Therefore, it appeared that there is no sentence to be appealed in this case, and we ordered
    appellant to show cause in writing on or before June 18, 2018 why this appeal should not be
    dismissed for lack of jurisdiction. Appellant has not filed a response.
    04-18-00062-CR
    When the trial court grants a motion for new trial, the case is restored to its position before
    the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be appealed, we have no
    jurisdiction over the appeal. See Waller v. State, 
    931 S.W.2d 640
    , 643-44 (Tex. App.—Dallas
    1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-18-00062-CR

Filed Date: 7/18/2018

Precedential Status: Precedential

Modified Date: 7/24/2018