Luis Felipe Fierro v. State ( 2018 )

Opinion issued March 6, 2018
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00906-CR
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LUIS FELIPE FIERRO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 174th District Court
Harris County, Texas
Trial Court Case No. 1302306
MEMORANDUM OPINION
This Court’s October 26, 2017 Memorandum Order of Abatement had granted
the parties’ joint motion to abate this appeal and remanded to allow appellant, Luis
Felipe Fierro, to file a counseled out-of-time motion for new trial. On November
20, 2017, appellant filed a motion for new trial, which was granted on January 8,
2018. On January 18, 2018, appellant filed a motion to dismiss this appeal as moot
after the trial court granted his motion for new trial. On February 26, 2018, a
supplemental clerk’s record was filed in this Court which included a certified copy
of the trial court’s January 8, 2018 order granting the motion for new trial.
The granting of a motion for new trial restores the case to its position before
the former trial. See TEX. R. APP. P. 21.9(b). This appeal was rendered moot by the
trial court’s January 8, 2018 order granting a new trial. See id. Because there is no
longer an appealable judgment of conviction, we have no jurisdiction over this
appeal and can take no action other than to dismiss the appeal. See Waller v. State,
931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.) (dismissing appeal for
want of jurisdiction after motion for new trial granted because no sentence to be
appealed); TEX. R. APP. P. 21.9(b).
Accordingly, we reinstate this case, grant appellant’s motion to dismiss this
appeal for want of jurisdiction, and dismiss the appeal as moot. See TEX. R. APP. P.
43.2(f). We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Justices Higley, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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