In The Court of Appeals Ninth District of Texas at Beaumont ______________________ NO. 09-18-00250-CR ______________________ DAVID KENNETH LOCY, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 18-04-05315-CR ________________________________________________________ _____________ MEMORANDUM OPINION On June 19, 2018, the trial court sentenced David Kenneth Locy in Trial Cause Number 18-04-05315-CR. Locy filed a notice of appeal on June 22, 2018. On July 18, 2018, Locy filed a motion for new trial. The trial court granted a motion for new trial on punishment on August 24, 2018, while it maintained plenary power over the case. See Tex. R. App. P. 21.8(a). On August 28, 2018, we notified the parties that unless our jurisdiction over the appeal was established, the appeal would be dismissed for lack of jurisdiction. No reply has been filed.

The notice of appeal invoked the Court's appellate jurisdiction to review a judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal.

Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on September 18, 2018 Opinion Delivered September 19, 2018 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ.