Darin Bernard Johnson v. State

DISMISS; and Opinion Filed August 14, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00582-CR
DARIN BERNARD JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F17-75869-V
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Carlyle
Opinion by Justice Molberg
Before the Court is appellant’s August 12, 2019 motion to withdraw the appeal. In the
motion, appellant states the trial court granted the motion for new trial and asks to withdraw the
appeal. The motion is signed by appellate counsel but is not signed by appellant. See TEX. R. APP.
P. 42.2(a) (appellant and his attorney must sign written motion to dismiss). Therefore, we deny
the motion.
Also before the Court is a copy of the trial court’s July 19, 2019 order granting appellant’s
motion for new trial. When the trial court grants a motion for new trial, the case is restored to its
position before the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be
appealed, we have no jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643–44
(Tex. App.–Dallas 1996, no pet.).
We dismiss this appeal for want of jurisdiction.
/Ken Molberg/
KEN MOLBERG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190582F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DARIN BERNARD JOHNSON, Appellant On Appeal from the 292nd Judicial District
Court, Dallas County, Texas
No. 05-19-00582-CR V. Trial Court Cause No. F17-75869-V.
Opinion delivered by Justice Molberg,
THE STATE OF TEXAS, Appellee Justices Myers and Carlyle participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 14th day of August, 2019.
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