Matthew Ayrton Shipp v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-17-00362-CR
No. 02-17-00363-CR
___________________________
MATTHEW AYRTON SHIPP, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 432nd District Court
Tarrant County, Texas
Trial Court Nos. 1485913D, 1498473D
Before Gabriel, Kerr, and Pittman, JJ.
Memorandum Opinion by Justice Gabriel
MEMORANDUM OPINION
After granting appellant Matthew Ayrton Shipp four extensions of his deadline
to file his brief, we abated these appeals to the trial court for it to determine, among
other things, whether he desired to prosecute these appeals. The State subsequently
filed a motion in this court requesting that we expand our abatement order to
authorize the trial court to consider and rule upon an out-of-time motion for new
trial. We granted that motion and stated that if Shipp filed a motion for new trial in
the trial court within thirty days and the trial court granted it, we would dismiss these
appeals. We have received a supplemental clerk’s record showing that Shipp filed a
motion for new trial, that the trial court granted it, and that the trial court set aside
and vacated the judgments and convictions that are the subject of these appeals
The effect of the trial court’s order granting Shipp a new trial and vacating the
judgments and convictions is that these cases are restored to their positions before the
former trial. See Tex. R. App. P. 21.9(b); Avery v. State, No. 05-04-00365-CR, 2005 WL
2031751, at *1 (Tex. App.—Dallas Aug. 24, 2005, no pet.) (mem. op., not designated
for publication). Since there is now no sentence to appeal, we lack jurisdiction over
these appeals. See Tex. R. App. P. 26.2(a); Avery, 2005 WL 2031751, at *1.
Accordingly, we dismiss these appeals for want of jurisdiction. See Tex. R. App. P.
43.2(f); Avery, 2005 WL 2031751, at *1.
On December 19, 2018, the State filed a motion asking us to expedite the
issuance of the mandates in these cases. Because the motion demonstrates good
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cause to expedite issuance of the mandates, we grant the motion, and the Clerk of this
Court is directed to issue the mandates immediately. See Tex. R. App. P. 18.1(c).
/s/ Lee Gabriel
Lee Gabriel
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: January 10, 2019
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