Ruben Arturo Laraalvardo v. the State of Texas

Dismiss and Opinion Filed August 26, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00227-CR
No. 05-22-00228-CR
RUBEN ARTURO LARAALVARADO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F20-61117-U & F20-61118-U
MEMORANDUM OPINION
Before Justices Myers, Carlyle, and Goldstein
Opinion by Justice Myers
Ruben Arturo Laraalvarado appeals his convictions for intoxication
manslaughter and failure to stop and render aid. His appointed counsel filed a motion
for new trial in each case. On May 20, 2022, the trial court adopted appellant’s
proposed findings of fact and granted his motions for new trial. The State filed
notices of appeal, seeking to challenge the trial court’s order. Those appeals were
assigned cause numbers 05-22-00592-CR and 05-22-00593-CR and are styled The
State of Texas v. Ruben Arturo Laraalvarado.
On August 1, 2022, we asked the parties in these appeals how the Court had
jurisdiction in light of the trial court’s order granting appellant’s motions for new
trial. See TEX. R. APP. P. 21.9. Neither party responded.
Rule 21.9 provides, “Granting a motion for new trial restores the case to its
position before the former trial, including, at any party’s option, arraignment or
pretrial proceedings initiated by that party.” TEX. R. APP. P. 21.9. The rule recognizes
that a new trial restores the case not merely to the beginning of trial, but much earlier,
to the beginning stages of the prosecution. Id. Following the grant of the motions
for new trial, there are no judgments of conviction or other appealable orders left in
the cases. It follows that appellant’s notices of appeal from the previous judgments
of conviction are no longer effective. Under these circumstances, we conclude we
have no jurisdiction to consider these appeals. See Wright v. State, 969 S.W.2d 588,
589 (Tex. App.—Dallas 1998, no pet.); Waller v. State, 931 S.W.2d 640, 643–44
(Tex. App.—Dallas 1996, no pet.).
We dismiss these appeals.
220227f.u05 /Lana Myers//
220228f.u05 LANA MYERS
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RUBEN ARTURO On Appeal from the 291st Judicial
LARAALVARADO, Appellant District Court, Dallas County, Texas
Trial Court Cause No. F20-61117-U.
No. 05-22-00227-CR V. Opinion delivered by Justice Myers.
Justices Carlyle and Goldstein
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 26th day of August, 2022.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RUBEN ARTURO LARA- On Appeal from the 291st Judicial
ALVARADO, Appellant District Court, Dallas County, Texas
Trial Court Cause No. F20-61118-U.
No. 05-22-00228-CR V. Opinion delivered by Justice Myers.
Justices Carlyle and Goldstein
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 26th day of August, 2022.
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