John McLaughlin, Jr. v. State

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-15-00416-CR JOHN L. MCLAUGHLIN, JR., APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 108th District Court Potter County, Texas

Trial Court No. 60,418-E, Honorable Douglas Woodburn, Presiding

December 29, 2015 MEMORANDUM OPINION

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, John L. McLaughlin, Jr., attempts to appeal the trial court’s judgment revoking his deferred adjudication community supervision, adjudicating him guilty of the offense of aggravated robbery,1 and sentencing him to life imprisonment. The sentence was imposed on October 15, 2015, and appellant timely filed a motion for new trial on November 16, 2015.2 See TEX. R. APP. P. 21.4(a). The record reflects that on December 9, 2015, within its period of plenary power, the trial court granted appellant’s motion for new trial. See TEX. R. APP. P. 21.8(a).

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 judgment of conviction from which to appeal, we have no jurisdiction to consider appellant’s appeal. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 1996, no pet.). Consequently, this appeal is dismissed for want of jurisdiction.

Per Curiam Do not publish.