Oscar Reyes Juarez v. State ( 2016 )

Opinion issued December 6, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00089-CR
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OSCAR REYES JUAREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Case No. 1447076
MEMORANDUM OPINION
Appellant Oscar Reyes Juarez pleaded guilty to the third-degree felony
offense of failing to stop and render assistance in a motor vehicle accident involving
injury or death. See TEX. TRANSP. CODE § 550.021. Appellant pleaded guilty without
an agreed recommendation from the State regarding punishment. After a pre-
sentence investigation hearing, the trial court sentenced appellant to 4 years’
incarceration. Appellant filed a motion for new trial and a notice of appeal.
The trial court granted appellant’s motion for new trial. Because there is no
longer an appealable judgment of conviction, we have no jurisdiction over this
appeal and can take no action other than to dismiss the appeal. See Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998); TEX. R. APP. P. 21.9(b) (“Granting a
new trial restores the case to its position before the former trial . . . .”).
We dismiss the appeal for want of jurisdiction. We dismiss any pending
motions as moot.
PER CURIAM
Panel consists of Justices Massengale, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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