Michael Shaun Eplin v. The State of Texas Appeal from 320th District Court of Potter County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-15-00319-CR ________________________ MICHAEL EPLIN, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 320th District Court Potter County, Texas Trial Court No. 70,320-D; Honorable Don Emerson, Presiding September 18, 2015 MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ. Appellant, Michael Eplin, perfected this appeal from his conviction for evading arrest or detention with a vehicle,1 enhanced, for which he received a twenty-five-year sentence. Sentence was imposed on July 10, 2015, and Appellant filed a Motion for 1 TEX. PENAL CODE ANN. § 38.04 (West Supp. 2014). New Trial on August 10, 2015.2 Our Clerk’s Record reflects that on September 3, 2015, and within its period of plenary power, the trial court granted Appellant’s Motion for New Trial. See TEX. R. APP. P. 21.8(a) (granting trial court power after imposing sentence to rule on a motion for new trial). When the trial court grants a motion for new trial, it restores the case to its position before the former trial. TEX. R. APP. P. 21.9(b). Without a conviction from which to appeal, we have no jurisdiction to consider Appellant’s appeal. See State v. Bates, 889 S.W.2d 306, 310 (Tex. Crim. App. 1994); Waller v. State, 931 S.W.3d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Consequently, this appeal is dismissed for want of jurisdiction. Per Curiam Do not publish. 2 The deadline for filing a motion for new trial was August 9, 2015, but that date was a Sunday and the deadline was extended to Monday, August 10, 2015. See TEX. R. APP. P. 21.4; TEX. R. CIV. P. 4. 2

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