                                      In The

                                 Court of Appeals
                        Ninth District of Texas at Beaumont
                                ________________
                                NO. 09-16-00494-CR
                                ________________

                          KRISTOFER GARCIA, Appellant

                                        V.

                  THE STATE OF TEXAS, Appellee
__________________________________________________________________

                On Appeal from the 252nd District Court
                       Jefferson County, Texas
                       Trial Cause No. 15-22134
__________________________________________________________________

                            MEMORANDUM OPINION

      On December 21, 2016, Kristofer Garcia filed notice of appeal of his

conviction in Trial Cause No. 15-22134. The trial court granted a motion for new

trial while it maintained plenary power over the case. See Tex. R. App. P. 21.8(a).

On January 17, 2017, 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 of conviction that has been vacated. The Court finds it lacks jurisdiction

over the appeal. Accordingly, we dismiss the appeal. The State of Texas filed a

motion to have the mandate issue immediately, and Garcia’s counsel has indicated

that he does not object. Therefore, the motion to issue the mandate early is granted,

and we direct the clerk of the Court of Appeals to issue the mandate immediately.

See Tex. R. App. P. 18.1(c).

      APPEAL DISMISSED.



                                       ________________________________
                                             STEVE McKEITHEN
                                                 Chief Justice


Submitted on February 21, 2017
Opinion Delivered February 22, 2017
Do Not Publish

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




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