Smith v. State, 14-22-00364-CR

CourtCourt of Appeals of Texas
Writing for the CourtPER CURIAM.
PartiesTREASURE SMITH, Appellant v. THE STATE OF TEXAS, Appellee
Docket Number14-22-00364-CR
Decision Date27 September 2022

TREASURE SMITH, Appellant
v.

THE STATE OF TEXAS, Appellee

No. 14-22-00364-CR

Court of Appeals of Texas, Fourteenth District

September 27, 2022


Do Not Publish - Tex.R.App.P. 47.2(b)

On Appeal from County Criminal Court at Law No. 12 Harris County, Texas Trial Court Cause No. 2339436

Panel consists of Justices Spain, Poissant, and Wilson.

MEMORANDUM OPINION

PER CURIAM.

Appellant was convicted of assault of a family member. Subsequently, the trial court granted appellant's motion for new trial.

Generally, we only have jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction. See Workman v. State, 170 Tex.Crim.App. 621, 343 S.W.2d 446, 447 (1961); McKown v. State,

1

915 S.W.2d 160, 161 (Tex. App. - Fort Worth 1996, no pet.). Because appellant has been granted a new trial, there is no final conviction to appeal.

We grant appellant's motion to dismiss and dismiss the appeal for want of jurisdiction.

2

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