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Rodriguez v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 14, 2022
No. 05-22-00630-CR (Tex. App. Jul. 14, 2022)

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Do Not Publish Tex.R.App.P. 47.2(b)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.


Summaries of

Rodriguez v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 14, 2022
No. 05-22-00630-CR (Tex. App. Jul. 14, 2022)
Case details for

Rodriguez v. State

Case Details

Full title:CINTHYA ARBALLO RODRIGUEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 14, 2022

Citations

No. 05-22-00630-CR (Tex. App. Jul. 14, 2022)