DAVID PERKINS COON JR v. THE STATE OF TEXAS (2011)

Court of Appeals of Texas, Dallas.

DAVID PERKINS COON, JR., Appellant v. THE STATE OF TEXAS, Appellee

No. 05-10-00708-CR

Decided: January 06, 2011

Before Justices Moseley, Bridges, and O'Neill

MEMORANDUM OPINION

David Perkins Coon, Jr. filed a notice of appeal from the trial court's judgment convicting him of assault involving family violence. The trial court subsequently granted appellant's motion for new trial. We now have before us appellant's motion to dismiss the appeal on the basis of the new trial having been granted.

An order granting a motion for new trial restores a case to its position before the former trial, and there is no longer a judgment in place, leaving us without jurisdiction over the appeal. See Tex.R.App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.). Accordingly, we grant the December 17, 2010 motion to dismiss the appeal.

We dismiss the appeal for want of jurisdiction.

100708F.U05

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network