Romen DeLeon v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00071-CR
Romen DeLeon, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY
NO. 18-3745CR, THE HONORABLE CHRIS JOHNSON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Romen DeLeon filed his notice of appeal on January 28, 2019. On
January 29, 2019, appellant filed a motion for new trial, which was granted by the trial court on
February 15, 2019. See Tex. R. App. P. 21, 22. Granting a new trial restores the case to its
position before the former trial. Id. R. 21.9(b); see also id. R. 22.6(a) (“If judgment is arrested
the defendant is restored to the position that he or she had before the indictment or information
was presented.”). We have no jurisdiction to consider the merits of an appeal after the grant of a
motion for new trial. See Glaze v. State, 675 S.W.2d 768, 769-70 (Tex. Crim. App. 1984) (holding
that neither court of appeals nor court of criminal appeals has jurisdiction to consider merits of
case unless there is final conviction from which to appeal); Waller v. State, 931 S.W.2d 640,
643-44 (Tex. App.—Dallas 1996, no pet.) (determining that appellate court had no jurisdiction to
review appeal because trial court’s granting of motion for new trial left no sentence to be
appealed); see also Gallup v. State, No. 03-11-00683-CR, 2012 WL 5192814, at *1 (Tex.
App.—Austin Oct. 19, 2012, no pet.) (mem. op., not designated for publication) (dismissing appeal
as moot after trial court granted motion for new trial). Accordingly, we dismiss this appeal for
want of jurisdiction.
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Dismissed for Want of Jurisdiction
Filed: July 19, 2019
Do Not Publish
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