Steven Derrick South v. The State of Texas Appeal from County Court at Law No 5 of Montgomery County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00082-CR ____________________ STEVEN DERRICK SOUTH, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law No. 5 Montgomery County, Texas Trial Cause No. 17-324602 ________________________________________________________ _____________ MEMORANDUM OPINION On February 22, 2018, Steven Derrick South filed a notice of appeal of his conviction in Trial Cause No. 17-324602. 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 April 19, 2018, 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. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on May 15, 2018 Opinion Delivered May 16, 2018 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 2
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