Christopher Randy Perez v. State

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 05-15-00149-CR
• Status: Published

Opinion

Dismissed and Opinion Filed February 12, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00149-CR

CHRISTOPHER RANDY PEREZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-80748-2014

MEMORANDUM OPINION Before Justices Lang, Stoddart, and Schenck Opinion by Justice Stoddart Christopher Randy Perez was convicted of aggravated assault with a deadly weapon and

sentenced to ten years’ imprisonment. Appellant filed a pro se motion for new trial on January

12, 2015 and a pro se notice of appeal on February 3, 2015. We conclude we lack jurisdiction

over the appeal.

“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. To invoke this Court’s jurisdiction, a party must file its notice of appeal within the time

period provided by the rules of appellate procedure. See id. at 522; see also Slaton v. State, 981

S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Appellant was sentenced in open court on August 21, 2014. Therefore, to be timely,

appellant’s motion for new trial was due by Monday, September 22, 2014. See TEX. R. APP. P.

4.1(a), 21.4(a). Appellant’s January 12, 2015 motion for new trial was not timely; thus it did not

extend the time for filing appellant’s notice of appeal. See TEX. R. APP. P. 26.2(a)(2) (time for

filing notice of appeal extended by timely-filed motion for new trial). Absent a timely motion

for new trial, appellant’s notice of appeal was due by Monday, September 22, 2014. See TEX. R.

APP. P. 4.1(a), 26.2(a)(1). Appellant’s February 3, 2015 notice of appeal is untimely, leaving us

without authority to take any action except to dismiss the appeal. See Slaton, 981 S.W.2d at 210;

Olivo, 918 S.W.2d at 522–23.

We dismiss the appeal for want of jurisdiction.

/Craig Stoddart/ CRAIG STODDART JUSTICE

Do Not Publish TEX. R. APP. P. 47 150149F.U05

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

CHRISTOPHER RANDY PEREZ, On Appeal from the 296th Judicial District Appellant Court, Collin County, Texas Trial Court Cause No. 296-80748-2014. No. 05-15-00149-CR V. Opinion delivered by Justice Stoddart, Justices Lang and Schenck participating. THE STATE OF TEXAS, Appellee

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

Judgment entered this 12th day of February, 2015.

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