Marcos Antonio Olivares-Calderon v. State ( 2019 )

Opinion issued August 29, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00707-CR
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MARCOS ANTONIO OLIVARES-CALDERON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 351st District Court
Harris County, Texas
Trial Court Case No. 1549058
MEMORANDUM OPINION
Appellant filed a notice of appeal from the trial court’s judgment signed on
July 26, 2018. On March 20, 2019, appellant filed a notice informing the Court that
the trial court granted appellant’s motion for new trial. The trial court’s docket
confirms that an order granting the motion for new trial was signed on October 1,
2018. The granting of a motion for new trial restores the case to its position before
the former trial and renders an appeal moot. See TEX. R. APP. P. 21.9(b); Douglas v.
State, No. 01-17- 00276-CR, 2017 WL 1738094, at *1 (Tex. App.—Houston [1st
Dist.] May 4, 2017, no. pet) (mem. op., not designated for publication). Because
there is no longer an appealable judgment of conviction, this Court has no
jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643–44 (Tex.
App.—Dallas 1996, no pet.). After being notified that this appeal was subject to
dismissal, none of the parties to the appeal filed a response.
Accordingly, we dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f). We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Lloyd and Goodman.
Do not publish. TEX. R. APP. P. 47.2(b).
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