Donnell Sledge v. State

DISMISS; and Opinion Filed February 6, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00085-CR
No. 05-19-00086-CR
No. 05-19-00087-CR
DONNELL SLEDGE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause Nos. F17-56046-I, F17-56047-I & F17-56048-I
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Molberg
Donnell Sledge appeals his convictions for unlawful possession of a firearm by a felon,
manufacture or delivery of 4 grams or more but less than 200 grams of cocaine, and manufacture
or delivery of 4 grams or more but less than 200 grams of heroin. After reviewing appellant’s
January 15, 2019 notices of appeal, we questioned whether we had jurisdiction and asked the
parties to file letter briefs addressing the issue. One week later, the clerk’s records were filed.
The clerk’s records show appellant was convicted of all three offenses on July 20, 2018.
Five days later, appellant filed motions for new trial that the trial court granted. If a trial court
grants a motion for new trial, it restores the case to its position before the former trial. See TEX.
R. APP. P. 21.9. Because the trial court granted appellant’s motions for new trial, there are no
convictions to be appealed. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas
1996, no pet.).
Accordingly, we dismiss these appeals for want of jurisdiction.
/Ken Molberg/
KEN MOLBERG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190085F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DONNELL SLEDGE, Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-19-00085-CR V. Trial Court Cause No. F17-56046-I.
Opinion delivered by Justice Molberg,
THE STATE OF TEXAS, Appellee Justices Whitehill and Reichek
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 6th day of February, 2019.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DONNELL SLEDGE, Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-19-00086-CR V. Trial Court Cause No. F17-56047-I.
Opinion delivered by Justice Molberg,
THE STATE OF TEXAS, Appellee Justices Whitehill and Reichek
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 6th day of February, 2019.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DONNELL SLEDGE, Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-19-00087-CR V. Trial Court Cause No. F17-56048-I.
Opinion delivered by Justice Molberg,
THE STATE OF TEXAS, Appellee Justices Whitehill and Reichek
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 6th day of February, 2019.
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