Romen DeLeon v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00072-CR
Romen DeLeon, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY
NO. 18-3890CR, THE HONORABLE CHRIS JOHNSON, JUDGE PRESIDING
MEMORANDUM OPINION
After the trial court rendered a judgment of conviction, Romen DeLeon filed a
motion for new trial. The trial court signed an order granting the motion for new trial. Nothing
in the record indicates that the trial court’s order granting the motion for new trial was rescinded
or that it was mistakenly signed. See, e.g., Smith v. State, 15 S.W.3d 294, 299 (Tex. App.—
Dallas 2000, no pet.).
DeLeon has filed a motion to dismiss this appeal stating that because he has been
granted a new trial, there is nothing to appeal. When the trial court grants a motion for new trial,
it restores the case to its position before the former trial. Tex. R. App. P. 21.9(b). Because there
is no judgment of conviction to be appealed, we have no jurisdiction to consider this 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.
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Dismissed for Want of Jurisdiction
Filed: September 18, 2019
Do Not Publish
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