Court of Civil Appeals of Texas, 2015

Leonardo Mejia Hernandez v. State

Leonardo Mejia Hernandez v. State
Court of Civil Appeals of Texas · Decided February 5, 2015

Leonardo Mejia Hernandez v. State

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-14-00438-CR ________________________ LEONARDO MEJIA HERNANDEZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE

On Appeal from the 416th District Court Collin County, Texas Trial Court No. 416-82962-2013; Honorable Chris Oldner, Presiding

February 4, 2015 MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Leonardo Mejia Hernandez, filed a notice of appeal challenging his conviction for solicitation to commit sexual assault of a child.1 The trial court has now granted Appellant a new trial.

TEX. PENAL CODE ANN. § 22.011(a)(2) (West 2011).

When the trial court grants a motion for new trial, it restores the case to its position before the former trial. TEX. R. APP. P. 21.9(b). Without a conviction from which to appeal, we have no jurisdiction to consider Appellant’s appeal. See State v. Bates, 889 S.W.2d 306, 310 (Tex. Crim. App. 1994); Waller v. State, 931 S.W.3d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Consequently, this appeal is dismissed for want of jurisdiction.

Per Curiam

Do not publish.

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