Joe Hernandez v. The State of Texas Appeal from 117th District Court of Nueces County (memorandum opinion)
Annotate this Case
Download PDF
NUMBERS 13-18-00397-CR, 13-18-00398-CR, 13-18-00399-CR, AND 13-18-00400-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOE HERNANDEZ, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Contreras, and Benavides Memorandum Opinion by Justice Contreras Appellant, Joe Hernandez, filed notices of appeal challenging his convictions for burglary in trial court cause numbers 16FC-0189-B, 16FC-0805-B, 17FC-2174-B, and 16CR3791-B. By orders signed on August 8, 2018, the trial court granted appellant's motion for new trial. When the trial court grants a motion for new trial, it restores the case to its position before the former trial. See TEX. R. APP. P. 21.9(b). Because there are no convictions to be appealed, we have no jurisdiction to consider these appeals. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). The Court, having examined and fully considered the documents on file and the trial court's orders granting a new trial, is of the opinion that these appeals should be dismissed for want of jurisdiction. See id. The appeals are hereby DISMISSED FOR WANT OF JURISDICTION. DORI CONTRERAS Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed the 20th day of September, 2018. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
