Arthur Guilbault v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00933-CR
Arthur Guilbault, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 2 OF COMAL COUNTY
NO. 2017CR1006, HONORABLE CHARLES A. STEPHENS II, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Arthur Guilbault filed his notice of appeal on December 19, 2019.
Eleven days later, Guilbault filed a motion for new trial. See Tex. R. App. P. 21.4. The district
court granted the motion for new trial on January 8, 2020. See id. R. 22.4.
Granting a new trial restores the case to its position before the former trial. Id. R.
21.9(b); see also id. R. 22.6(a) (“If judgment is arrested the defendant is restored to the position
that he or she had before the indictment or information was presented.”). We lack jurisdiction to
consider the merits of an appeal after the grant of a motion for new trial. See Glaze v. State, 675
S.W.2d 768, 769-70 (Tex. Crim. App. 1984) (concluding that neither Court of Criminal Appeals
nor court of appeals had jurisdiction over appeal because there was no final conviction); Waller
v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.) (concluding that reviewing
court lacked jurisdiction to consider appeal after trial court granted motion for new trial because
there was no sentence to be appealed); see also State v. Baeza, Nos. 03-18-00579-CR, 03-18-
00580-CR, 03-18-00581-CR, 2018 Tex. App. LEXIS 7961, at *1-2 (Tex. App.—Austin Oct. 2,
2018, no pet.) (mem. op., not designated for publication) (dismissing appeals for want of
jurisdiction after trial court granted motion for new trial).
Accordingly, we dismiss this appeal for want of jurisdiction.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Baker and Triana
Dismissed for Want of Jurisdiction
Filed: January 23, 2020
Do Not Publish
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