Kendrea Shantell Taylor v. The State of Texas Appeal from 15th Judicial District Court of Grayson County (memorandum opinion )

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Dismissed and Opinion Filed December 20, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01428-CR No. 05-16-01429-CR No. 05-16-01430-CR KENDREA SHANTELL TAYLOR, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause Nos. 063949, 064596 & 064597 MEMORANDUM OPINION Before Justices Francis, Fillmore, and Stoddart Opinion by Justice Francis Kendrea Shantell Taylor appeals her convictions for possession with intent to deliver 200 grams or more but less than 400 grams of methamphetamine, possession of less than one gram of psilocybin, and two counts of possession with intent to deliver 4 grams or more but less than 200 grams of methamphetamine. We dismiss these appeals for lack of jurisdiction. Jurisdiction concerns the court’s power 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 it is 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 judgments were entered September 4, 2014. No motions for new trial were filed; therefore, appellant’s notices of appeal were due October 4, 2014. See TEX. R. APP. P. 26.2(a)(1). Appellant filed her notices of appeal on December 6, 2016, outside of the thirty-day period allowed by rule 26.2. Because her notices of appeal were untimely, we lack jurisdiction to “dispose of the purported appeal[s] in any manner other than by dismissing [them] 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 these appeals for want of jurisdiction. /Molly Francis/ MOLLY FRANCIS JUSTICE Do Not Publish TEX. R. APP. P. 47 161428F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENDREA SHANTELL TAYLOR, Appellant No. 05-16-01428-CR On Appeal from the 15th Judicial District Court, Grayson County, Texas Trial Court Cause No. 063949. Opinion delivered by Justice Francis, Justices Fillmore and Stoddart participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered December 20, 2016. –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENDREA SHANTELL TAYLOR, Appellant No. 05-16-01429-CR On Appeal from the 15th Judicial District Court, Grayson County, Texas Trial Court Cause No. 064596. Opinion delivered by Justice Francis, Justices Fillmore and Stoddart participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered December 20, 2016. –4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENDREA SHANTELL TAYLOR, Appellant No. 05-16-01430-CR On Appeal from the 15th Judicial District Court, Grayson County, Texas Trial Court Cause No. 064597. Opinion delivered by Justice Francis, Justices Fillmore and Stoddart participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered December 20, 2016. –5–

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