Court of Civil Appeals of Texas, 2021

Emanuel Joel Thomas v. the State of Texas

Emanuel Joel Thomas v. the State of Texas
Court of Civil Appeals of Texas · Decided July 1, 2021

Emanuel Joel Thomas v. the State of Texas

Opinion

Motion to Abate Denied; Dismissed and Memorandum Opinion filed July 1, 2021.

In The Fourteenth Court of Appeals NO. 14-20-00873-CR EMANUEL JOEL THOMAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 179th District Court Harris County, Texas Trial Court Cause No. 1457656 MEMORANDUM OPINION Appellant was convicted of aggravated assault with a deadly weapon. The trial court assessed punishment at ten years and one day’s 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, 343 S.W.2d 446, 447 (Tex. Crim. App. 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 deny the motion to abate and dismiss the appeal.

PER CURIAM Panel consists of Justices Wise, Jewell, and Spain.

Do Not Publish — Tex.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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.