Kristofer Garcia v. The State of Texas Appeal from 252nd District Court of Jefferson County (memorandum opinion by chief justice mckeithen)
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00494-CR ________________ KRISTOFER GARCIA, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 15-22134 __________________________________________________________________ MEMORANDUM OPINION On December 21, 2016, Kristofer Garcia filed notice of appeal of his conviction in Trial Cause No. 15-22134. The trial court granted a motion for new trial while it maintained plenary power over the case. See Tex. R. App. P. 21.8(a). On January 17, 2017, we notified the parties that unless our jurisdiction over the appeal was established, the appeal would be dismissed for lack of jurisdiction. No reply has been filed. 1 The notice of appeal invoked the Court’s appellate jurisdiction to review a judgment of conviction that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly, we dismiss the appeal. The State of Texas filed a motion to have the mandate issue immediately, and Garcia’s counsel has indicated that he does not object. Therefore, the motion to issue the mandate early is granted, and we direct the clerk of the Court of Appeals to issue the mandate immediately. See Tex. R. App. P. 18.1(c). APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on February 21, 2017 Opinion Delivered February 22, 2017 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2
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