DISMISS; Opinion Filed February 13, 2013.
In The
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No. 05-11-01317-CR
TOMMY WILLIS COLEY, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F11-11006-Y
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Richter’
Opinion by Justice Myers
We reinstate this appeal. Tommy Willis Coley, Jr. was convicted of aggravated assault
and sentenced to eight years’ imprisonment. Appellant appealed his conviction, including issues
that the trial court erred by denying his amended motion for new trial and by failing to conduct a
hearing on his amended motion for new trial. We abated the appeal and ordered the trial court to
conduct a hearing on the amended motion for new trial. The trial court held a hearing and
granted appellant’s amended motion for new trial.
1. The Hon. Martin Richter, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by
assignment.
When a trial court grants a motion for new trial, it restores the case to its position before
the tormer trial. See TEx. R. App. P. 2t.9. Because there is no sentence to be appealed, we have
no jurisdiction over this appeal. See Wailer v. State, 931 S.W.2d 640, 643—44 (Tex. App.—
Dallas 1996, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.
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LANAM ERS
JUSTICE
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JUDGMENT
Tommy Willis Coley, Jr., Appellant On Appeal from the Criminal District Court
No. 7, Dallas County, Texas
No. 0541-01317-CR V. Trial Court Cause No. Fl 1-1 1006-Y.
Opinion delivered by Justice Myers.
The State of Texas, Appellee Justices Lang-Miers and Richter
participating.
We REINSTATE this appeal. Based on the Court’s opinion of this date, the appeal is
DISMISSED for want of jurisdiction.
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Judgment entered this day of February 2013.
,
LANA M ERS
JUSTICE