Bryan Matthew Cahill v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 5, 2021
• Docket: 05-21-00520-CR
• Status: Published

Opinion

Dismiss and Opinion Filed August 5, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00517-CR No. 05-21-00520-CR BRYAN MATTHEW CAHILL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause Nos. 380-82181-2019 & 380-82182-2019

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Nowell On June 30, 2021, appellant filed a pro se notice of appeal listing nine trial

court cause numbers. After reviewing the documents filed by the Collin County

District Clerk along with the notice of appeal, the Court questioned its jurisdiction

over cause numbers 05-21-00517-CR and 05-21-00520-CR because it appeared

those two cause numbers were dismissed by the trial court in a June 16, 2021 order.

We asked the parties (appellant had since been appointed counsel) to brief the Court

on the jurisdictional issue. On July 21, 2021, appellant’s counsel responded, agreeing that those two

cases should be dismissed for want of jurisdiction. To date, the State has not

responded.

There is no constitutional right to appellate review of criminal convictions.

See Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). The Texas Legislature

confers the right of appeal in criminal cases, and a party may appeal only from

judgments of conviction or authorized orders. See TEX. CODE CRIM. PROC. ANN. art.

44.02, TEX. R. APP. P. 25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex.

Crim. App. 2014). Thus, the “standard for determining jurisdiction is not whether

the appeal is precluded by law, but whether the appeal is authorized by law.” Abbott

v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). And although the State

may appeal an order dismissing an indictment, the defendant does not have a

corresponding right to do the same. See TEX. R. APP. P. 25.2(a)(2); see also Petty v.

State, 800 S.W.2d 582, 583–84 (Tex. App.—Tyler 1990, no pet.) (per curiam)

(dismissal of indictment is not appealable order).

Because we lack jurisdiction over appellate cause numbers 05-21-00517-CR

and 05-21-00520-CR, we dismiss those two appeals.

200517f.u05 /Erin A. Nowell// 200520f.u05 ERIN A. NOWELL JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b)

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BRYAN MATTHEW CAHILL, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 380-82181- No. 05-21-00517-CR V. 2019. Opinion delivered by Justice Nowell. THE STATE OF TEXAS, Appellee Justices Osborne and Pedersen, III participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered this 5th day of August, 2021.

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BRYAN MATTHEW CAHILL, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 380-82182- No. 05-21-00520-CR V. 2019. Opinion delivered by Justice Nowell. THE STATE OF TEXAS, Appellee Justices Osborne and Pedersen, III participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

–4–