Dismiss and Opinion Filed March 21 , 2013. 

# S

In The Court of Appeals Fifth District of Texas at Dallas
No. 05
- 11
- 00490
- CR No. 05
- 11
- 00491
- CR No. 05
- 11
- 00492
- CR No. 05
- 11
- 00493
- CR
DIONTE MATTHEWS, Appellant V. THE STATE OF TEXAS , Appellee On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No s . F07
- 51260
- X , F07
- 73298
- X, F08
- 51985
- X, F10
- 00641
- X
MEMORANDUM OPINION Before Justices Moseley, O'Neill, and L ewis Opinion by Justice Moseley Dionte Matthews was convicted, following adjudication of his guilt, of possession of cocaine in an amount less than one gram; aggravated assault with a deadly weapon; and possession of marijuana in an amount of five pounds or less but more than four ounces. Appellant was also convicted , following a jury trial , of capital murder. Punishment was assessed at life imprisonment for the capital murder; one year’s confinement in a state jail for the cocaine and marijuana offenses ; and twenty years’ imprisonment for the aggravated assault. Appellant filed a motion for new trial and a notice of appeal in each case. The trial court granted appellant– 2

– a new trial in each c ase, which the State appealed. We abated the above appeals pe nding disposition of the State’s appeal s of the orders granting appellant new trial s
. 1 On August 28, 2012, we affirmed the trial court’s orders granting the motions for new
trial , and the Texas Court of Criminal Appeals refused the State’s petitions for di scretionary review on February 13, 2013. See State v. Matthews , No. 05

- 11

- 00548

- CR, 2012 WL 3668203 (Tex. App.

— Dallas Aug. 28 2012, pet. ref’d) (not designated for publication). We thereafter sent the parties a letter directing them to notify the Court b y March 11, 2013 of why the above appeals should not be reinstated and dismissed. Appellant’s counsel responded that she knew of

no reason why the appeals should not be reinstated and dismissed. The State also responded that the appeals should be dismissed.
The order s granting appellant new trial s restore d the case s to their position before the
former trial and there are no longer judgments in place

. See T EX

. R. A PP

. P . 21.9(b) ; Waller v.
State , 931 S.W.2d 640, 643

– 44 (Tex. App.

— Dallas 1996, no pet.)

. Absent judgments of conviction, we have no jurisdiction over the appeals. See Waller , 931 S.W.3d at 644.
We dismiss the appeals for want of jurisdiction.

Do Not Publish T EX

. R. A PP

. P . 47 110490F.U05

1 The State’s appeals were docketed as cause nos. 05

- 11

- 00548

- CR through 05

- 11

- 00551

- CR, The State of Texas v. Dionte Matthews

. /Jim Moseley/ JIM MOSELEY JUSTICE– 3

– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
DIONTE MATTHEWS, Appellant
No. 05

- 11

- 00490

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F07

- 51260

- X. Opinion delivered by Justice Moseley, Justices O'Neill and Lewis participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 21st day of March, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE– 4

– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
DIONTE MATTHEWS, Appellant
No. 05

- 11

- 00491

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F07

- 73298

- X. Opinion delivered by Justice Moseley, Justices O'Neill and Lewis participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 21st day of March, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE– 5

– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
DIONTE MATTHEWS, Appellant
No. 05

- 11

- 00492

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F08

- 51985

- X. Opinion delivered by Justice Moseley, Justices O'Neill and Lewis participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 21st day of March, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE– 6

– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DIONTE MATTHEWS, Appellant
No. 05

- 11

- 00493

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F10

- 00641

- X. Opinion delivered by Justice Moseley, Justices O'Neill and Lewis participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 21st day of March, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE