Stefon Joe Brantley v. State ( 2015 )

DISMISS; Opinion Filed June 23, 2015.
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-13-01060-CR
STEFON JOE BRANTLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause No. F-1257441-L
OPINION
Before Justices Lang-Miers, Brown, and Schenck 1
Opinion by Justice Brown
Appellant Stefon Joe Brantley appealed his jury conviction for murder. In his first four
issues, appellant complained of errors occurring at the hearing on his motion for new trial which
prevented the proper presentation of his appeal. We agreed with appellant and remanded to the
trial court to conduct a new hearing on appellant’s motion for new trial.
On remand, pursuant to an agreement between the parties, the trial court granted
appellant’s motion for new trial. Appellant then pleaded guilty to manslaughter in exchange for
the State’s recommendation of a twenty-year sentence. The trial court accepted appellant’s plea,
found appellant guilty of manslaughter, and rendered judgment in accordance with the plea
agreement.
1
The Honorable Justice David Schenck succeeded Justice Michael J. O’Neill, a member of the original panel, following Justice O’Neill’s
retirement. Justice Schenck has reviewed the briefs and record before the Court.
Because the trial court granted appellant’s motion for new trial, we have no jurisdiction
over appellant’s appeal of his murder conviction. See TEX. R. APP. P. 21.9(b); Waller v. State,
931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.) (when trial court grants a new trial,
there is no sentence to appeal). Additionally, because the trial court certified that appellant had
no right to appeal his manslaughter conviction, we have no jurisdiction over an appeal from that
judgment. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App.
2005).
Consequently, we dismiss this appeal for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
131060F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
STEFON JOE BRANTLEY, Appellant On Appeal from the Criminal District Court
No. 5, Dallas County, Texas
No. 05-13-01060-CR V. Trial Court Cause No. F-1257441-L.
Opinion delivered by Justice Brown. Justices
THE STATE OF TEXAS, Appellee Lang-Miers and Schenck participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED.
Judgment entered this 23rd day of June, 2015.
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