Souphonh Hongkeo v. the State of Texas

DISMISS and Opinion Filed May 27, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00028-CR
SOUPHONH HONGKEO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F19-45408-I
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Reichek
Souphonh Hongkeo filed his notice of appeal on January 12, 2021. After the
clerk’s record was filed, we notified appellant we had concerns over our jurisdiction
in light of the fact the trial court granted a motion for new trial. See TEX. R. APP. P.
21.9(a)-(b) (authorizing trial court to grant motion for new trial and explaining that
“[g]ranting a new trial restores the case to its position before the former trial”);
Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.).
We instructed appellant to file a motion to dismiss with this Court. To date,
appellant has not responded. On the Court’s own motion, we dismiss this appeal for
want of jurisdiction.
We direct the Clerk to issue the mandate immediately.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
210028F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SOUPHONH HONGKEO, Appellant On Appeal from the Criminal District
Court No. 2, Dallas County, Texas
No. 05-21-00028-CR V. Trial Court Cause No. F19-45408-I.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Reichek. Justices Schenck and
Carlyle participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered May 27, 2021
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