Keishunn Lamont Reed v. the State of Texas

Motions Granted; Appeals Dismissed and Memorandum Opinion filed May 6, 2021.

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00882-CR

NO. 14-18-00883-CR ____________

KEISHUNN LAMONT REED, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court Harris County, Texas

Trial Court Cause No. 1380046, 1380047

MEMORANDUM OPINION

Counsel for appellant filed motions to dismiss these appeals because the trial court granted appellant’s motion for a new trial in the interest of justice. The granting of a motion for new trial restores the case to its position before the former trial. See Tex. R. App. P. 21.9(b). This appeal was rendered moot by the trial court’s April 9, 2021 order granting a new trial. Because there is no longer an appealable judgment of conviction, we have no jurisdiction over this appeal and can take no action other than to dismiss the appeal. See id.; Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.) (dismissing appeal for want of jurisdiction after motion for new trial granted because no sentence to be appealed).

Accordingly, we grant appellant’s motions to dismiss and dismiss the appeals as moot. See Tex. R. App. P. 43.2(f).

PER CURIAM

Panel consists of Justices Bourliot, Hassan, and Poissant.

Do Not Publish – Tex. R. App. P. 47.2(b)