MONICA MARIE GAREY v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Murphy

Monica Marie Garey was convicted, following the adjudication of her guilt, of aggravated assault with a deadly weapon and sentenced to five years' imprisonment.   The trial court thereafter granted appellant's motion for new trial.¹  See Tex.R.App. P. 21.8(b).  The granting of a new trial restores the 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 a judgment of conviction, we have no jurisdiction over the appeal.   See Waller, 931 S.W.2d at 644.

We dismiss the appeal for want of jurisdiction.

Tex.R.App. P. 47

120838F.U05

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

MONICA MARIE GAREY, Appellant

No. 05–12–00838–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the 282nd Judicial District Court of Dallas County, Texas.  (Tr.Ct.No.F09–73157–S).

Opinion delivered by Justice Murphy, Justices FitzGerald and Fillmore participating.   Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered July 13, 2012

/Mary Murphy/

MARY MURPHY

JUSTICE

FOOTNOTES

FN1. When this Court noted the trial court's order granting appellant's motion for new trial, we directed the parties to file briefs addressing our jurisdiction over the appeal.   Appellant responded that she believed the trial court intended to grant the motion for new trial.   The State responded that it confirmed with the trial court its intention to grant appellant a new trial..  FN1. When this Court noted the trial court's order granting appellant's motion for new trial, we directed the parties to file briefs addressing our jurisdiction over the appeal.   Appellant responded that she believed the trial court intended to grant the motion for new trial.   The State responded that it confirmed with the trial court its intention to grant appellant a new trial.

MARY MURPHY JUSTICE