Opinion
No. 05-17-00059-CR
01-26-2017
JOSE ALBERTO ALEMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-76692-P
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Francis
After entering into a negotiated plea bargain with the State, Jose Alberto Aleman pleaded guilty to murder and, on December 18, 2015, was assessed punishment at twenty years in prison. Absent a timely motion for new trial, appellant's notice of appeal was due January 19, 2016. See TEX. R. APP. P. 4.1(a), 26.2(a)(1). Appellant filed a notice of appeal in the trial court on December 19, 2016 and in this Court on January 19, 2017. We conclude we lack jurisdiction over this appeal.
"Jurisdiction concerns the power of a court to hear and determine a case." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be legally invoked, and, if not, the power of the court to act is as absent as if it did not exist. See id. at 523. The right to appeal in a criminal case is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex. Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004); see also TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006) (providing right of appeal for defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant). A timely-filed notice of appeal vests the courts of appeals with jurisdiction. Olivo, 918 S.W.2d at 522.
To be timely, appellant's notice of appeal was due January 19, 2016. See TEX. R. APP. P. 26.2(a)(2). Appellant's handwritten notice of appeal, filed in the trial court, was postmarked December 8, 2016, eleven months after it was due. Therefore, the notice of appeal is untimely, leaving us without jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo, 918 S.W.2d at 523.
We dismiss this appeal for want of jurisdiction.
/Molly Francis/
MOLLY FRANCIS
JUSTICE Do Not publish
TEX. R. APP. P. 47
170059F.U05
JUDGMENT
On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-76692-P.
Opinion delivered by Justice Francis, Justices Fillmore and Stoddart participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered January 26, 2017.