Craig Dickey v. The State of Texas Appeal from Criminal District Court No. 5 of Dallas County (memorandum opinion )

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Dismissed and Opinion Filed October 21, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00066-CR CRAIG DICKEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F06-99720-L MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Stoddart Opinion by Justice Stoddart Craig Dickey was convicted, upon the adjudication of his guilt, of aggravated sexual assault of a child and sentenced to twenty-five years imprisonment. We adopted the trial court s finding that the trial court granted an agreed motion for new trial and the case remains pending. An order granting a motion for new trial restores a case to is position before the former trial and there is no longer a judgment in place. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643 44 (Tex. App. Dallas 1996, no pet.). Absent a judgment of conviction or other appealable order, this Court has no jurisdiction over an appeal. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App. Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction. / Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47 140066F.U05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CRAIG DICKEY, Appellant No. 05-14-00066-CR On Appeal from the Criminal District Court No. 5, Dallas County, Texas Trial Court Cause No. F06-99720-L. Opinion delivered by Justice Stoddart, Justices FitzGerald and Fillmore participating. V. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 21st day of October, 2014. 3

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