Kyle Ramirez v. The State of Texas Appeal from 100th District Court of Collingsworth County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-23-00303-CR KYLE RAMIREZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 100th District Court Collingsworth County, Texas Trial Court No. 3094, Honorable Ron Enns, Presiding by Assignment February 22, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ. Appellant, Kyle Ramirez, appeals from the trial court’s judgment adjudicating him guilty of sexual assault of a child1 and sentencing him to fifteen years of confinement. Following the adjudication, the trial court granted Appellant’s motion for new trial. The legal effect of an order granting a new trial is to vacate the original judgment and restore the case to its position before the former trial. TEX. R. APP. P. 21.9(b). As there is now 1 See TEX. PENAL CODE ANN. § 22.011. no final judgment from which an appeal may be prosecuted, this Court has no jurisdiction over the appeal.2 See McLaughlin v. State, No. 07-15-00416-CR, 2015 Tex. App. LEXIS 13008, at *1 (Tex. App.—Amarillo Dec. 29, 2015, no pet.) (per curiam) (mem. op., not designated for publication). Accordingly, the appeal is dismissed for want of jurisdiction. Per Curiam Do not publish. 2 By letter of January 30, 2024, we directed Appellant to show how we have jurisdiction over this appeal by February 12. Appellant has not filed response or had any further communication with this Court to date. 2
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