Jimmy Charles Johnson v. State

• Court: Court of Appeals of Texas
• Decided: November 18, 2014
• Docket: 05-14-01453-CR
• Status: Published

Opinion

Dismissed and Opinion Filed November 18, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01453-CR

JIMMY CHARLES JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F95-72894-HV

MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Myers Opinion by Justice Bridges In 1995, Jimmy Johnson was convicted of murder. Sentence of life imprisonment and a

$10,000 fine was imposed in open court on August 24, 1995. Appellant’s conviction was

affirmed on direct appeal. Johnson v. State, No. 05-95-01249-CR, 1997 WL 393191 (Tex.

App.––Dallas July 15, 1997, pet. ref’d) (not designated for publication). The Court now has

before it appellant’s November 12, 2014 “amended notice of appeal.” In the notice of appeal,

appellant does not reference any new appealable order entered by the trial court. Rather, he

challenges his 1995 conviction.

“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. Appellant’s November 12, 2014 “amended notice of appeal” is untimely as to the August

24, 1995 sentencing date. See TEX. R. APP. P. 26.2(a); Slaton v. State, 981 S.W.2d 208, 210

(Tex. Crim. App. 1998) (per curiam).

We dismiss the appeal for want of jurisdiction.

/David L. Bridges/ Do Not Publish DAVID L. BRIDGES TEX. R. APP. P. 47 JUSTICE 141453F.U05

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

JIMMY CHARLES JOHNSON, Appellant On Appeal from the 292nd Judicial District Court, Dallas County, Texas No. 05-14-01453-CR V. Trial Court Cause No. F95-72894-HV. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Lang-Miers and Myers participating.

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

Judgment entered November 18, 2014.

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