Opinion
No. 05-17-00570-CR
06-27-2017
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F09-55050-H
MEMORANDUM OPINION
Before Justices Francis, Brown, and Schenck
Opinion by Justice Schenck
On November 22, 2010, a jury convicted Quinton Travoitz Young of attempted aggravated sexual assault with a deadly weapon and assessed punishment at ten years confinement, probated for six years, and a $10,000 fine. On July 17, 2014, the trial court granted the State's motion to revoke probation and sentenced appellant to seven years in prison. Before the Court is appellant's pro se notice of appeal filed May 22, 2017. For the reasons that follow, we dismiss this appeal.
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. 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.
Absent a timely-filed motion for new trial, appellant's notice of appeal was due by August 16, 2014. See TEX. R. APP. P. 26.2(a)(1). Appellant's notice of appeal was filed on May 22, 2017. The notice of appeal is untimely, and this Court lacks jurisdiction over the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (if appeal not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal and can take no action other than to dismiss appeal).
We dismiss this appeal for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 170570F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 1, Dallas County, Texas
Trial Court Cause No. F09-55050-H.
Opinion delivered by Justice Schenck, Justices Francis and Brown participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 27th day of June, 2017.