In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-15-00319-CR
________________________
MICHAEL EPLIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 320th District Court
Potter County, Texas
Trial Court No. 70,320-D; Honorable Don Emerson, Presiding
September 18, 2015
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Michael Eplin, perfected this appeal from his conviction for evading
arrest or detention with a vehicle,1 enhanced, for which he received a twenty-five-year
sentence. Sentence was imposed on July 10, 2015, and Appellant filed a Motion for
1
TEX. PENAL CODE ANN. § 38.04 (West Supp. 2014).
New Trial on August 10, 2015.2 Our Clerk’s Record reflects that on September 3, 2015,
and within its period of plenary power, the trial court granted Appellant’s Motion for New
Trial. See TEX. R. APP. P. 21.8(a) (granting trial court power after imposing sentence to
rule on a motion for new trial).
When the trial court grants a motion for new trial, it restores the case to its
position before the former trial. TEX. R. APP. P. 21.9(b). Without a conviction from
which to appeal, we have no jurisdiction to consider Appellant’s appeal. See State v.
Bates, 889 S.W.2d 306, 310 (Tex. Crim. App. 1994); Waller v. State, 931 S.W.3d 640,
643-44 (Tex. App.—Dallas 1996, no pet.). Consequently, this appeal is dismissed for
want of jurisdiction.
Per Curiam
Do not publish.
2
The deadline for filing a motion for new trial was August 9, 2015, but that date was a Sunday
and the deadline was extended to Monday, August 10, 2015. See TEX. R. APP. P. 21.4; TEX. R. CIV. P. 4.
2