Opinion
08-23-2013
DARRAN DEWAYNE HOPKINS, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; and Opinion Filed August 23, 2013.
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F11-35201-I
MEMORANDUM OPINION
Before Justices O'Neill, Francis, and Fillmore
Opinion by Justice O'Neill
Darran Dewayne Hopkins was convicted by a jury of aggravated robbery. Punishment, enhanced by one prior felony conviction, was assessed at thirty-seven years' imprisonment. Appellant filed a timely motion for new trial and notice of appeal. The Court now has before it appellant's motion to dismiss the appeal on the basis that appellant's motion for new trial was granted by the trial court.
An order granting a motion for new trial restores a case to its position before the former trial and there is no longer a judgment in place. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Absent a judgment of conviction, we have no jurisdiction over the appeal. See Waller, 931 S.W.2d at 664. Accordingly, we grant appellant's motion to dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
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MICHAEL J. O'NEILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130469F.U05
JUDGMENT
DARRAN DEWAYNE HOPKINS, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-00469-CR
On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
Trial Court Cause No. F11-35201-I.
Opinion delivered by Justice O'Neill.
Justices Francis and Fillmore participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
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MICHAEL J. O'NEILL
JUSTICE