Opinion
No. 05-16-01028-CR
09-19-2016
ISLANDIA DOMINGUEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-58479-Q
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Whitehill
Opinion by Justice Whitehill
Islandia Dominguez appeals her June 12, 2015 conviction for unlawful possession with intent to deliver 200 grams or more but less than 400 grams of methamphetamine in a drug-free zone. After the jury found her guilty, the trial court assessed punishment at fifteen years in prison. Appellant filed a notice of appeal with the trial court on August 17, 2016. We dismiss this appeal for lack of jurisdiction.
"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 standard to determine whether an appellate court has jurisdiction to hear and determine a case 'is not whether the appeal is precluded by law, but whether the appeal is authorized by law.'" Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008)). 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. P. 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). Appellate courts may consider appeals by criminal defendants only after conviction or the entry of an appealable order and a timely filed notice of appeal. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). See TEX. R. APP. P. 26.2(a).
Appellant was convicted and sentenced on June 12, 2015. Absent a timely filed motion for new trial, appellant's notice of appeal was due no later than July 13, 2015. Appellant filed her notice of appeal August 17, 2016, outside the thirty-day period allowed by rule 26.2. See id. Because appellant's notice of appeal was untimely, we lack jurisdiction over this appeal.
We dismiss this appeal for want of jurisdiction.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 161028F.U05
JUDGMENT
On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-58479-Q.
Opinion delivered by Justice Whitehill, Justices Bridges and Lang-Miers participating.
Based on the Court's opinion of this date, we DISMISS this appeal for lack of jurisdiction. Judgment entered this 19th day of September, 2016.