Souphonh Hongkeo v. the State of Texas

DISMISS and Opinion Filed May 27, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00028-CR

SOUPHONH HONGKEO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F19-45408-I

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Reichek Souphonh Hongkeo filed his notice of appeal on January 12, 2021. After the

clerk’s record was filed, we notified appellant we had concerns over our jurisdiction in light of the fact the trial court granted a motion for new trial. See TEX. R. APP. P. 21.9(a)-(b) (authorizing trial court to grant motion for new trial and explaining that “[g]ranting a new trial restores the case to its position before the former trial”); Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.).

We instructed appellant to file a motion to dismiss with this Court. To date, appellant has not responded. On the Court’s own motion, we dismiss this appeal for want of jurisdiction.

We direct the Clerk to issue the mandate immediately.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 210028F.U05

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S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SOUPHONH HONGKEO, Appellant On Appeal from the Criminal District Court No. 2, Dallas County, Texas No. 05-21-00028-CR V. Trial Court Cause No. F19-45408-I. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Reichek. Justices Schenck and Carlyle participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered May 27, 2021

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