Francisco Elizalde v. The State of Texas--Appeal from County Criminal Court No. 1 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

FRANCISCO ELIZALDE, )

) No. 08-05-00235-CR

Appellant, )

) Appeal from the

v. )

) County Criminal Court at Law #1

THE STATE OF TEXAS, )

) of El Paso County, Texas

Appellee. )

) (TC# 20040C04998)

)

O P I N I O N

Appellant Francisco Elizalde pleaded guilty to a charge of driving while intoxicated. The trial court assessed punishment at one-year confinement, probated for twenty months, ten days confinement as a condition of probation, and a fine of $1,000, $250 of which was probated, and ordered Appellant to pay court costs of $391. In addition, Appellant was ordered to perform 120 hours of community service and pay a monthly community supervision fee of $15. Appellant filed his notice of appeal and the trial court certified Appellant s right to appeal. Appellant also filed a motion in arrest of judgment requesting that the trial court set aside the judgment of conviction and order a new trial. The trial court subsequently granted Appellant s motion in arrest of judgment by written order on July 11, 2005.

Pending before the Court is the State s motion to dismiss the appeal filed on June 1, 2006. Pursuant to the rules of appellate procedure, if a judgment is arrested, the defendant is restored to the position he had before the indictment or information was presented. See Tex.R.App.P. 22.6(a). Because the trial court granted Appellant s motion in arrest of judgment, there is no judgment from which Appellant could appeal. Thus, we have no jurisdiction to consider Appellant s appeal. Therefore, we dismiss the appeal for want of jurisdiction.

July 6, 2006

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)