Victor Magallanes v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00062-CR
Victor MAGALLANES,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 13-1178-CR-A
Honorable Doug Shaver, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Irene Rios, Justice
Delivered and Filed: July 18, 2018
DISMISSED FOR LACK OF JURISDICTION
On January 31, 2013, the Texas Court of Criminal Appeals granted appellant an out-of-
time appeal. On February 1, 2018, appellant filed a notice of appeal. On May 29, 2018, the trial
court clerk filed a supplemental clerk’s record which contained appellant’s motion for new trial
and the trial court’s May 22, 2018 order granting appellant’s motion for new trial as to punishment
only. Therefore, it appeared that there is no sentence to be appealed in this case, and we ordered
appellant to show cause in writing on or before June 18, 2018 why this appeal should not be
dismissed for lack of jurisdiction. Appellant has not filed a response.
04-18-00062-CR
When the trial court grants a motion for new trial, the case is restored to its position before
the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be appealed, we have no
jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas
1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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