Opinion
05-22-00393-CR
06-01-2022
ANTHONY DAVID MARONEY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. 073585
ORDER
BILL PEDERSEN, III JUSTICE
We REINSTATE this appeal.
We abated for the appointment of counsel. On May 12, 2022, the trial court held a hearing and, on May 17, 2022, appointed Jeromie Oney as counsel for appeal purposes only. We DIRECT the Clerk to list Mr. Oney as counsel for appellant and to send all future correspondence to the address on file with the Court.
During the hearing, the trial court noted that although appellant was found guilty by a jury on March 30, 2022, the case is set for sentencing on June 9, 2022. Because the trial court has not yet sentenced appellant, there is no final judgment and appellant's notice of appeal is premature. See Tex. R. App. P. 27.1(b). Under rule 27.1, a prematurely filed notice of appeal is effective and deemed filed on the same day, but after, sentence is imposed or suspended in open court, or the appealable order is signed by the trial court. Until sentence is imposed and a judgment entered, we lack appellate jurisdiction.
We DIRECT the Clerk to send copies of this order to the Honorable Larry Phillips, Presiding Judge, 59th Judicial District Court; to Kelly Ashmore, Grayson County District Clerk; to appellant; and to counsel for all parties.
This appeal is ABATED until we receive a supplemental clerk's record with the final judgment. The case will be reinstated in thirty days or when the supplemental clerk's record is filed, whichever occurs first.