Hector A. Pena v. The State of Texas Appeal from 212th District Court of Galveston County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed September 23, 2014. In The Fourteenth Court of Appeals NO. 14-14-00599-CR HECTOR A. PENA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 12CR3366 MEMORANDUM OPINION Appellant was convicted of criminally negligent homicide. Subsequently, the trial court granted appellant s motion for new trial. Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 170 Tex. Crim. App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal. Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Busby. Do Not Publish Tex. R. App. P. 47.2(b) 2

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