Opinion
No. 05-17-00239-CR No. 05-17-00240-CR
03-22-2017
JEREMY CARDELL MINOR, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F14-71793-P & F14-76288-P
MEMORANDUM OPINION
Before Justices Bridges, Myers, and Brown
Opinion by Justice Myers
On December 15, 2016 Jeremy Cardell Minor was convicted of aggravated robbery with a deadly weapon. The trial court assessed punishment at twenty-five years confinement. The Court now has before it appellant's pro se "notices of appeal," filed March 7, 2017. Absent timely filed motions for new trials, appellant's notices of appeal were due January 17, 2017. See TEX. R. APP. P. 26.2(a)(1).
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). "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)). A timely-filed notice of appeal vests the courts of appeals with jurisdiction. Olivo, 918 S.W.2d at 522.
Here, appellant's notices of appeal were due by January 17, 2017. See TEX. R. APP. P. 26.2(a)(2); 4.1(a). While rule 26.3 allows for a fifteen-day extension to file a notice of appeal, appellant needed to file his notices of appeal in the trial court and an extension motion in this Court by February 1, 2017. See TEX. R. APP. P. 26.3; Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo, 918 S.W.2d at 522. Appellant's notices of appeal were filed on March 7, 2017, after the extension period expired. Thus, the notices of appeal are untimely, and this Court lacks jurisdiction over the appeals. See Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523.
We dismiss these appeals for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
170239F.U05
JUDGMENT
On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-71793-P.
Opinion delivered by Justice Myers, Justices Bridges and Brown participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 22nd day of March, 2017.
JUDGMENT
On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-76288-P.
Opinion delivered by Justice Myers, Justices Bridges and Brown participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 22nd day of March, 2017.