Pablo Gonzalez v. the State of Texas

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00223-CR

PABLO GONZALEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2019-418419, Honorable Douglas H. Freitag, Presiding

January 11, 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Pablo Gonzalez, was convicted by a jury of online solicitation of a minor and sentenced to ten years’ confinement.¹ It has been brought to the attention of this Court that the trial court has granted a motion for new trial.

The legal effect of an order granting a new trial is to vacate the original judgment and restore the case to its position before the former trial. TEX. R. APP. P. 21.9(b). As *2 there is no final judgment from which an appeal may be prosecuted, this Court has no jurisdiction over the appeal. McLaughlin v. State, No. 07-15-00416-CR, 2015 Tex. App. LEXIS 13008, at *1 (Tex. App.—Amarillo Dec. 29, 2015, no pet.) (mem. op., not designated for publication); Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.).

Accordingly, the appeal is dismissed for want of jurisdiction and mandate will issue forthwith.

Alex L. Yarbrough Justice

Do not publish.

Footnotes

[1] TEX. PENAL CODE ANN. § 33.021(b).