DERRICK DEMOND HICKS v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Fillmore

Derrick Demond Hicks pleaded guilty to two offenses of possession of cocaine in an amount less than one gram.   In cause no.   05–11–01342–CR, appellant also pleaded true to one enhancement paragraph.   The trial court deferred adjudicating appellant guilty and placed him on ten years' community supervision in each case.   The State filed motions to proceed with adjudication of guilt.   Following a hearing on September 2, 2010, the trial judge adjudicated appellant guilty and sentenced him to two years' imprisonment in a state jail facility.   Appellant filed motions for new trial and notices of appeal.¹  The trial judge granted appellant's motions for new trial on November 11, 2010 and reinstated appellant's deferred adjudication community supervision.

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.   See Tex.R.App. P. 21.9(b);  Waller v. State, 931 S.W.2d 640, 643–44 (Tex.App.—Dallas 1996, no pet.).   Absent judgments of conviction, we have no jurisdiction over the appeals.   See Waller, 931 S.W.2d at 644.

We dismiss the appeals for want of jurisdiction.

FOOTNOTES

FN1. The notices of appeal were forwarded to this Court on October 3, 2011.   The clerk's records were filed on November 10, 2011.   By correspondence received on December 2, 2011, the court reporter for the Criminal District Court No. 2 informed the Court the motions for new trial had been granted..  FN1. The notices of appeal were forwarded to this Court on October 3, 2011.   The clerk's records were filed on November 10, 2011.   By correspondence received on December 2, 2011, the court reporter for the Criminal District Court No. 2 informed the Court the motions for new trial had been granted.

ROBERT M. FILLMORE JUSTICE