                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ______________________

                              NO. 09-18-00250-CR
                            ______________________

                     DAVID KENNETH LOCY, Appellant

                                         V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________             ______________

                     On Appeal from the 9th District Court
                         Montgomery County, Texas
                       Trial Cause No. 18-04-05315-CR
________________________________________________________             _____________

                          MEMORANDUM OPINION

      On June 19, 2018, the trial court sentenced David Kenneth Locy in Trial

Cause Number 18-04-05315-CR. Locy filed a notice of appeal on June 22, 2018. On

July 18, 2018, Locy filed a motion for new trial. The trial court granted a motion for

new trial on punishment on August 24, 2018, while it maintained plenary power over

the case. See Tex. R. App. P. 21.8(a). On August 28, 2018, 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.

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      The notice of appeal invoked the Court's appellate jurisdiction to review a

judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal.

Accordingly, we dismiss the appeal.

      APPEAL DISMISSED.


                                              ________________________________
                                                      LEANNE JOHNSON
                                                            Justice


Submitted on September 18, 2018
Opinion Delivered September 19, 2018
Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.




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