Pablo Gonzalez v. the State of Texas ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00223-CR
PABLO GONZALEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2019-418419, Honorable Douglas H. Freitag, Presiding
January 11, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Pablo Gonzalez, was convicted by a jury of online solicitation of a minor
and sentenced to ten years’ confinement.1 It has been brought to the attention of this
Court that the trial court has granted a motion for new trial.
The legal effect of an order granting a new trial is to vacate the original judgment
and restore the case to its position before the former trial. TEX. R. APP. P. 21.9(b). As
1 TEX. PENAL CODE ANN. § 33.021(b).
there is no final judgment from which an appeal may be prosecuted, this Court has no
jurisdiction over the appeal. McLaughlin v. State, No. 07-15-00416-CR, 2015 Tex. App.
LEXIS 13008, at *1 (Tex. App.—Amarillo Dec. 29, 2015, no pet.) (mem. op., not
designated for publication); Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas
1996, no pet.).
Accordingly, the appeal is dismissed for want of jurisdiction and mandate will issue
forthwith.
Alex L. Yarbrough
Justice
Do not publish.
2