Cinthya Arballo Rodriguez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 14, 2022
• Docket: 05-22-00630-CR
• Status: Published

Opinion

DISMISS and Opinion Filed July 14, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00630-CR

CINTHYA ARBALLO RODRIGUEZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 004-85395-2021

MEMORANDUM OPINION Before Justices Myers, Nowell, and Smith Opinion by Justice Smith On June 24, 2022, Cinthya Arballo Rodriguez filed a notice of appeal. Along

with the notice of appeal, the Court received a copy of the trial court’s February 10,

2022 order placing her on deferred adjudication and the trial court’s certification

stating appellant waived her right to appeal. We will dismiss this 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; if not, the power of the court to act is as

absent as if it did not exist. See id. at 523. The right to appeal in a criminal case is a

statutorily created right. 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 (providing right of appeal for defendant);

TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant).

A timely-filed notice of appeal vests the courts of appeals with jurisdiction.

Olivo, 918 S.W.2d at 522. Absent a timely filed motion for new trial, appellant’s

notice of appeal was due on March 14, 2022. See TEX. R. APP. P. 4.1(a), 26.2(a)(2).

If she filed a timely motion for new trial, the notice of appeal was due on May 11,

2022. Under either scenario, appellant’s June 23, 2022 notice of appeal is untimely.

Because the notice of appeal was untimely, we dismiss this appeal for lack of

jurisdiction.

/Craig Smith/ CRAIG SMITH JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 220630F.U05

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

CINTHYA ARBALLO On Appeal from the County Court at RODRIGUEZ, Appellant Law No. 4, Collin County, Texas Trial Court Cause No. 004-85395- No. 05-22-00630-CR V. 2021. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Myers and Nowell participating.

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

Judgment entered July 14, 2022

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