                                        In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                             ____________________
                                NO. 09-14-00135-CR
                             ____________________

                            CARL BATISTE, Appellant

                                          V.

                        THE STATE OF TEXAS, Appellee
_______________________________________________________           ______________

                      On Appeal from the 9th District Court
                          Montgomery County, Texas
                         Trial Cause No. 05-10-08801 CR
________________________________________________________           _____________

                           MEMORANDUM OPINION

      The trial court sentenced the appellant, Carl Batiste, on March 6, 2014.

Batiste filed a notice of appeal on March 12, 2014, and he filed a motion for new

trial on April 7, 2014. On May 13, 2014, the trial court signed an order granting a

new trial on punishment only. See Tex. R. App. P. 21.9(c). The order restored the

case to its position after the appellant was found guilty. Id.

      On August 20, 2014, the State filed a motion to dismiss the appeal for lack

of jurisdiction. The appellant did not file a response to the State’s motion to

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dismiss. Because there is no final, appealable judgment, we grant the State’s

motion and dismiss the appeal without prejudice.

      APPEAL DISMISSED.


                                            ________________________________
                                                    STEVE McKEITHEN
                                                       Chief Justice


Submitted on September 23, 2014
Opinion Delivered September 24, 2014
Do Not Publish

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




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