Victor Magallanes v. The State of Texas Appeal from 25th Judicial District Court of Guadalupe County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00062-CR Victor MAGALLANES, Appellant v. The STATE of Texas, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 13-1178-CR-A Honorable Doug Shaver, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice Delivered and Filed: July 18, 2018 DISMISSED FOR LACK OF JURISDICTION On January 31, 2013, the Texas Court of Criminal Appeals granted appellant an out-oftime appeal. On February 1, 2018, appellant filed a notice of appeal. On May 29, 2018, the trial court clerk filed a supplemental clerk’s record which contained appellant’s motion for new trial and the trial court’s May 22, 2018 order granting appellant’s motion for new trial as to punishment only. Therefore, it appeared that there is no sentence to be appealed in this case, and we ordered appellant to show cause in writing on or before June 18, 2018 why this appeal should not be dismissed for lack of jurisdiction. Appellant has not filed a response. 04-18-00062-CR When the trial court grants a motion for new trial, the case is restored to its position before the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be appealed, we have no jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction. PER CURIAM DO NOT PUBLISH -2-
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