Mary Jane Sitton v. State

Motion Granted; Appeal Dismissed and Memorandum Opinion filed March
14, 2019
In The
Fourteenth Court of Appeals
NO. 14-18-01050-CR
MARY JANE SITTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 2212338
MEMORANDUM OPINION
Appellant was convicted of assault and timely filed a notice of appeal.
Appellant also timely filed a motion for new trial, which the trial court granted by
written order within seventy-five days after imposing sentence. Tex. R. App. P.
21.8(a).
Generally, we have jurisdiction to consider an appeal by a criminal
defendant only after a final judgment of conviction. See State v. Sellers, 790
S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). Because the trial court granted
appellant’s motion for new trial, a final judgment of conviction no longer exists.
See Tex. R. App. P. 21.9(b).
Appellant has filed a motion to dismiss the appeal. We grant the motion.
The appeal is dismissed.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Jewell and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b)