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Rodney Ables v. State
Citation: Not availableDocket: 07-11-00107-CR
Court: Court of Appeals of Texas; May 12, 2011; Texas; State Appellate Court
Original Court Document: View Document
Rodney W. Ables pled guilty to manufacturing methamphetamine with intent to deliver, involving an amount greater than four grams but less than two hundred grams. Under a plea bargain, he was sentenced to ten years of confinement on March 3, 2011. Following his conviction, Ables filed a motion for a new trial and a notice of appeal on March 7, 2011. The trial court granted the motion for a new trial on March 31, 2011, which effectively nullified the previous conviction and judgment, restoring the case to its pre-trial position. This ruling eliminated the basis for appellate review, as there was no adjudicated issue left for the court to consider. Consequently, the appeal was dismissed due to lack of jurisdiction. Additionally, a second judgment was issued on April 21, 2011, retaining the ten-year sentence; however, Ables' earlier notice of appeal could not be treated as a premature appeal of this new judgment, as it was filed before any finding of guilt was made.