Donald Ray McCray v. State

• Court: Court of Appeals of Texas
• Decided: July 26, 2018
• Docket: 05-18-00808-CR
• Status: Published

Opinion

Dismiss and Opinion Filed July 26, 2018

S Court of Appeals In The

Fifth District of Texas at Dallas No. 05-18-00808-CR

DONALD RAY MCCRAY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F87-82980-S

MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges Donald Ray McCray was convicted of murder and assessed a thirty-five year sentence in

1992. This Court affirmed his conviction on direct appeal. McCray v. State, 861 S.W.2d 40 (Tex.

App.—Dallas 1993, no pet.). The Court now has before it appellant’s July 16, 2018 “Request for

Permission to Appeal.” Appellant does not reference any new appealable order but asks to appeal

his conviction.

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.).

Here, appellant seeks to appeal his original 1992 conviction. Because we have already

considered his direct appeal and there are no new appealable orders, we conclude we lack

jurisdiction over this appeal.

We dismiss this appeal for want of jurisdiction.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 180808F.U05

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

DONALD RAY MCCRAY, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-18-00808-CR V. Trial Court Cause No. F87-82980-S. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Brown and Boatright participating.

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

Judgment entered July 26, 2018.

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