Court of Civil Appeals of Texas, 2021

Larry Lausch v. the State of Texas

Larry Lausch v. the State of Texas
Court of Civil Appeals of Texas · Decided May 25, 2021

Larry Lausch v. the State of Texas

Opinion

Motion to Abate Denied and Memorandum Opinion filed May 25, 2021.

In The Fourteenth Court of Appeals NO. 14-21-00063-CR LARRY LAUSCH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 15-CR-3088 MEMORANDUM OPINION Appellant was convicted of two counts of the felony offense of indecency with a child by contact and punishment was assessed at four years’ confinement.

Subsequently, the trial court granted appellant’s motion for new trial.

Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 170 Tex. Crim. App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App. – Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal.

Accordingly, we dismiss the appeal.

PER CURIAM Panel consists of Justices Bourliot, Poissant, and Wilson.

Do Not Publish — Tex.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

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