Opinion
05-22-00630-CR
07-14-2022
CINTHYA ARBALLO RODRIGUEZ, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 004-85395-2021
Before Justices Myers, Nowell, and Smith Opinion by Justice Smith
MEMORANDUM OPINION
CRAIG SMITH JUSTICE
On June 24, 2022, Cinthya Arballo Rodriguez filed a notice of appeal. Along with the notice of appeal, the Court received a copy of the trial court's February 10, 2022 order placing her on deferred adjudication and the trial court's certification stating appellant waived her right to appeal. We will dismiss 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; 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 (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. Absent a timely filed motion for new trial, appellant's notice of appeal was due on March 14, 2022. See Tex. R. App. P. 4.1(a), 26.2(a)(2). If she filed a timely motion for new trial, the notice of appeal was due on May 11, 2022. Under either scenario, appellant's June 23, 2022 notice of appeal is untimely.
Because the notice of appeal was untimely, we dismiss this appeal for lack of jurisdiction.
JUDGMENT
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction.