DISMISS; and Opinion Filed March 27, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00393-CR
JAMES LAWRENCE COPELAND, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-58889-W
MEMORANDUM OPINION
Before Justices Lang-Miers, Murphy, and Fillmore
Opinion by Justice Lang-Miers
James Lawrence Copeland was convicted of aggravated assault with a deadly weapon
involving family violence and sentenced to thirty years’ imprisonment. On March 12, 2013, the
trial court granted appellant’s motion for new trial. We now have before us appellant’s motion
to dismiss the appeal because the motion for new trial was granted. We conclude we lack
jurisdiction over the appeal
An order granting a new trial restores the case to its position before the former trial and
there is no longer a judgment in place. See TEX. R. APP. P. 21.9(b); Waller v. State, 931 S.W.2d
640, 643–44 (Tex. App.––Dallas 1996, no pet.). Absent a judgment of conviction we have no
jurisdiction over the appeal. We grant appellant’s motion to dismiss.
We dismiss the appeal for want of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130393F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES LAWRENCE COPELAND, On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F11-58889-W.
No. 05-13-00393-CR V. Opinion delivered by Justice Lang-Miers,
Justices Murphy and Fillmore participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 27th day of March, 2013.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
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