Jeb Stevens Brown v. State

DISMISS; and Opinion Filed January 26, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00499-CR JEB STEVENS BROWN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-83651-2013 MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Brown Opinion by Justice Brown Jeb Stevens Brown appealed his conviction for the offense of criminal mischief. On April 16, 2014, the trial court granted appellant a new trial as to punishment only. On January 13, 2015, the State of Texas filed a motion to dismiss this appeal, asserting this Court lacks jurisdiction. We agree. Because the trial court granted a new trial on punishment, there is no final, appealable judgment. See Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.—Dallas 1996, no pet.). We grant the State’s motion and dismiss this appeal for lack of jurisdiction. /Ada Brown/ ADA BROWN Do Not Publish JUSTICE TEX. R. APP. P. 47. 140499F.U05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JEB STEVENS BROWN, Appellant On Appeal from the County Court at Law No. 6, Collin County, Texas No. 05-14-00499-CR V. Trial Court Cause No. 006-83651-2013. Opinion delivered by Justice Brown. Justices THE STATE OF TEXAS, Appellee Bridges and Fillmore participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 26th day of January, 2015. –2–