In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-16-00494-CR
________________
KRISTOFER GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 15-22134
__________________________________________________________________
MEMORANDUM OPINION
On December 21, 2016, Kristofer Garcia filed notice of appeal of his
conviction in Trial Cause No. 15-22134. The trial court granted a motion for new
trial while it maintained plenary power over the case. See Tex. R. App. P. 21.8(a).
On January 17, 2017, we notified the parties that unless our jurisdiction over the
appeal was established, the appeal would be dismissed for lack of jurisdiction. No
reply has been filed.
1
The notice of appeal invoked the Court’s appellate jurisdiction to review a
judgment of conviction that has been vacated. The Court finds it lacks jurisdiction
over the appeal. Accordingly, we dismiss the appeal. The State of Texas filed a
motion to have the mandate issue immediately, and Garcia’s counsel has indicated
that he does not object. Therefore, the motion to issue the mandate early is granted,
and we direct the clerk of the Court of Appeals to issue the mandate immediately.
See Tex. R. App. P. 18.1(c).
APPEAL DISMISSED.
________________________________
STEVE McKEITHEN
Chief Justice
Submitted on February 21, 2017
Opinion Delivered February 22, 2017
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
2