Christopher Sean Lytle v. The State of Texas Appeal from 59th Judicial District Court of Grayson County (memorandum opinion)
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Dismissed; Opinion Filed June 7, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00505-CR CHRISTOPHER SEAN LYTLE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. 057862 MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Evans Christopher Sean Lytle was convicted on August 5, 2010 by a jury of aggravated sexual assault of a child younger than fourteen years of age and sentenced to thirty-one years in prison. He then filed an appeal with this Court in which he claimed he was denied his Sixth Amendment right to confrontation. We affirmed his conviction in an opinion dated January 31, 2012; our mandate issued June 15, 2012. On May 2, 2018, appellant filed a notice of appeal, seeking to challenge the trial court’s denial of his motion for new trial. In his notice of appeal, he states he filed a motion for new trial alleging newly discovered evidence and that the trial court denied his motion on April 17, 2018. An appellate court has jurisdiction to determine an appeal only if the appeal is authorized by law. Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). When the appellate court's jurisdiction is not legally invoked, the court’s power to act is as absent as if it did not exist. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Appellate courts may consider criminal appeals only after conviction or the entry of a narrow set of appealable interlocutory orders. TEX. R. APP. P. 26.2(a)(1); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). The denial of an untimely filed motion for new trial is not a separately appealable order. Because this appeal does not fall within the exceptions to the general rule that an appeal may be taken only from a final judgment of conviction, we conclude we have no jurisdiction. We dismiss this appeal for want of jurisdiction. /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 180505F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHRISTOPHER SEAN LYTLE, Appellant No. 05-18-00505-CR On Appeal from the 59th Judicial District Court, Grayson County, Texas Trial Court Cause No. 057862. Opinion delivered by Justice Evans, Justices Lang-Miers and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 7th day of June, 2018. –3–
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