Kenneth Dillon v. the State of Texas

DISMISS and Opinion Filed August 23, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00593-CR

KENNETH DILLON, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1
Rockwall County, Texas
Trial Court Cause No. CR1-23-1626

MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Smith
Opinion by Justice Molberg
Kenneth Dillon appeals his conviction of violation of a protective order. The

Court has before it appellant’s motion to dismiss the appeal, asserting the trial court

granted appellant’s motion for new trial. The motion to dismiss the appeal is not

signed by appellant, as is required by rule 42.2(a). See TEX. R. APP. P. 42.2(a).

Therefore, we deny the motion to dismiss.

An order granting a motion for new trial restores the case to its position before

the former trial, and the judgment is no longer in place. See TEX. R. APP. P. 21.9(b);

Waller v. State, 931 S.W.2d 640, 643–44 (Tex. App.–Dallas 1996, no pet.). Absent
a judgment of conviction or other appealable order, there is nothing before the Court

over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex.

App.–Dallas 1998, no pet.).

We dismiss the appeal for want of jurisdiction.

/Ken Molberg/
KEN MOLBERG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)

240593F.U05

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

KENNETH DILLON, Appellant On Appeal from the County Court at
Law No. 1, Rockwall County, Texas
No. 05-24-00593-CR V. Trial Court Cause No. CR1-23-1626.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg. Justices Carlyle and Smith
participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want
of jurisdiction.

Judgment entered August 23, 2024

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