Josiah Andrew Salinas v. The State of Texas Appeal from 265th Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed August 23, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00741-CR No. 05-22-00742-CR JOSIAH ANDREW SALINAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F20-71443-R & F20-75253-R MEMORANDUM OPINION Before Justices Molberg, Reichek, and Garcia Opinion by Justice Reichek Josiah Andrew Salinas was charged with aggravated robbery and capital murder. He entered into a plea bargain agreement with the State in which he agreed to plead guilty and waive his right to appeal in each case in exchange for the State’s agreement to drop the capital murder charge to murder and recommend a forty-year sentence in each case. The trial court followed the plea agreement, found appellant guilty, and sentenced him to forty years in prison in each case. On July 29, 2022, appellant filed a notice of appeal, stating he filed a motion for DNA testing on June 28, 2022 and the trial court had “not made a ruling.” An appellant has the right to appeal when a trial court enters a “judgment of guilt or other appealable order.” See TEX. R. APP. P. 25.2(a)(2), 26.2(a). The trial court “enters” an appealable order by signing a written order. See State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals has no jurisdiction over State’s appeal until there is signed written order); State ex rel. Sutton v. Bage, 822 S.W.2d 55, 57 (Tex. Crim. App. 1992) (orig. proceeding) (determining that trial court has not entered order justifying appeal until written order is signed); see also Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (defendant’s timetable for filing notice of appeal from adverse habeas decision begins when appealable order signed). Although appellant states he filed a motion for DNA testing in the trial court, the trial court has not signed or entered any appealable orders in these cases. Therefore, appellant’s notice of appeal does not confer jurisdiction on this Court. See Sanavongxay, 407 S.W.3d at 259. We dismiss these appeals. /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 220741F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSIAH ANDREW SALINAS, Appellant No. 05-22-00741-CR On Appeal from the 265th Judicial District Court, Dallas County, Texas Trial Court Cause No. F20-71443-R. Opinion delivered by Justice Reichek. Justices Molberg and Garcia participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered August 23, 2022 –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the 265th Judicial District Court, Dallas County, Texas Trial Court Cause No. F20-75253-R. Opinion delivered by Justice Reichek. Justices Molberg and Garcia participating. JOSIAH ANDREW SALINAS, Appellant No. 05-22-00742-CR V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered August 23, 2022 –4–
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