JOAN CANNOVA v. THE STATE OF TEXAS (2016)

MEMORANDUM OPINION

After a jury convicted Joan Cannova of driving while intoxicated, she was sentenced to two years confinement, probated for one year, and a $2,000 fine. She then appealed her conviction to this Court. 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. 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). The right to appeal in a criminal case is statutorily created. 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). 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.); TEX. R. APP. P. 26.2(a).

The record reflects the trial court's judgment was entered September 15, 2016. No motion for new trial was filed; therefore, appellant's notice of appeal was due October 15, 2016. See TEX. R. APP. P. 26.2(a)(1). Appellant filed her notice of appeal in the trial court on November 10, 2016, outside of the thirty-day period allowed by rule 26.2. Because her notice of appeal was untimely, we lack jurisdiction to “dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction.” Olivo, 918 S.W.2d at 523; see Boyd v. State, 971 S.W.2d 603, 605 (Tex. App.—Dallas 1998, no pet.).

We dismiss this appeal for want of jurisdiction.

DAVID J. SCHENCK JUSTICE