Edmond Flowers v. State

Dismissed and Opinion Filed July 3, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00599-CR
EDMOND FLOWERS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-00248-W
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Evans
Opinion by Chief Justice Wright
Edmond Flowers was convicted by a jury of reckless injury to a child and sentenced to
two years’ confinement in a state jail facility. Appellant filed a timely motion for new trial and
notice of appeal. After the appeal was docketed in this Court, the trial court granted appellant’s
motion for new trial. We now have before us appellant’s June 30, 2014 motion to dismiss the
appeal because the motion for new trial was granted.
An order granting a motion for new trial restores a case to its position before the former
trial, and there is no longer a judgment in place, leaving us without jurisdiction over the appeal.
See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.––Dallas 1996,
no pet.). Accordingly, we grant appellant’s motion to dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140599F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EDMOND FLOWERS, Appellant On Appeal from the 363rd Judicial District
Court, Dallas County, Texas
No. 05-14-00599-CR V. Trial Court Cause No. F13-00248-W.
Opinion delivered by Chief Justice Wright,
THE STATE OF TEXAS, Appellee Justices Myers and Evans participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered July 3, 2014
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