DISMISS; and Opinion Filed July 9, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00670-CR
RASHARD AVERY JONES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F19-00075-K
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Reichek
Rashard Avery Jones appeals the trial court’s April 29, 2019 order placing him on deferred
adjudication for indecency with a child by sexual contact. Appellant filed a timely motion for new
trial on May 1, 2019 which was granted. On May 3, 2019, appellant filed his notice of appeal.
When the trial court grants a motion for new trial, the case is restored to its position before
the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be appealed, we have no
jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.–Dallas
1996, no pet.).
We dismiss this appeal for want of jurisdiction.
Do Not Publish
TEX. R. APP. P. 47.2(b) /Amanda L. Reichek/
AMANDA L. REICHEK
190670F.U05 JUSTICE
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RASHARD AVERY JONES, Appellant On Appeal from the Criminal District Court
No. 4, Dallas County, Texas
No. 05-19-00670-CR V. Trial Court Cause No. F19-00075-K.
Opinion delivered by Justice Reichek,
THE STATE OF TEXAS, Appellee Justices Schenck and Osborne
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 9th day of July, 2019.
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