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James Lawrence Copeland v. State
Citation: Not availableDocket: 05-13-00393-CR
Court: Court of Appeals of Texas; March 27, 2013; Texas; State Appellate Court
Original Court Document: View Document
James Lawrence Copeland was convicted of aggravated assault with a deadly weapon involving family violence and sentenced to thirty years in prison. On March 12, 2013, the trial court granted his motion for a new trial, which effectively nullified the previous judgment. Consequently, Copeland filed a motion to dismiss his appeal, asserting that the granting of the new trial eliminated the court's jurisdiction over the appeal due to the absence of an active conviction. The Court of Appeals, referencing Texas Rule of Appellate Procedure 21.9(b) and relevant case law, agreed that without a judgment of conviction, it lacked jurisdiction. The appeal was dismissed for want of jurisdiction, and the judgment was entered on March 27, 2013, by Justice Lang-Miers, with Justices Murphy and Fillmore participating.