Carl Batiste v. State ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00135-CR
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CARL BATISTE, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 05-10-08801 CR
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MEMORANDUM OPINION
The trial court sentenced the appellant, Carl Batiste, on March 6, 2014.
Batiste filed a notice of appeal on March 12, 2014, and he filed a motion for new
trial on April 7, 2014. On May 13, 2014, the trial court signed an order granting a
new trial on punishment only. See Tex. R. App. P. 21.9(c). The order restored the
case to its position after the appellant was found guilty. Id.
On August 20, 2014, the State filed a motion to dismiss the appeal for lack
of jurisdiction. The appellant did not file a response to the State’s motion to
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dismiss. Because there is no final, appealable judgment, we grant the State’s
motion and dismiss the appeal without prejudice.
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Submitted on September 23, 2014
Opinion Delivered September 24, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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