OTTO v. STATE, 05-09-00907-CR (Tex.App.-Dallas [5th Dist.] 2-10-2010)

ERNEST ALONZO OTTO, Appellant v. THE STATE OF TEXAS, Appellee.

Nos. 05-09-00907-CR, 05-09-00908-CR, 05-09-00909-CRCourt of Appeals of Texas, Fifth District, Dallas.
Opinion Filed February 10, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F09-54569-NR, F09-71651-NR, F09-71765-NR.

Before Justices RICHTER, LANG-MIERS, and MURPHY.

MEMORANDUM OPINION
PER CURIAM.

Before the Court is Ernest Alonzo Otto’s motion to dismiss these appeals. Appellant was convicted of three theft offenses. After the sentences were imposed, appellant filed a motion for new trial and a notice of appeal in each case. On September 21, 2009, the trial court denied the motions for new trial. Appellant timely filed a motion to reconsider the order denying the motion for new trial in each case.[1] On September 29, 2009, the trial court rescinded its previous orders denying the motions for new trial, granted the motions for new trial, and set aside the sentences. An order granting a motion for new trial restores a case to its position before the former trial, and there is no longer a judgment 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.).

We grant appellant’s motion and dismiss these appeals for want of jurisdiction.

[1] Honorable Mark Stolz, presiding judge of the 265th Judicial District Court, recused himself from the proceedings. The cases were transferred to the Criminal District Court No. 6, where the Honorable Jeanine Howard, presiding judge, conducted evidentiary hearings on the motions for new trial and the motions to reconsider.

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