Reginald Donell Rice v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 1, 2021
• Docket: 05-21-00793-CR
• Status: Published

Opinion

Dismissed and Opinion Filed October 1, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00792-CR No. 05-21-00793-CR REGINALD DONELL RICE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F14-76788-R & F14-76789-R

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Reichek Opinion by Justice Osborne On September 10, 2021, Reginald Donald Rice filed a notice of appeal,

complaining of the trial court’s failure to rule on his motion for chapter 64 DNA

testing in the above cases. Seventeen days later, he filed a motion to perfect the

appeal and another notice of appeal. The district clerk subsequently informed the

Court that there is no written signed order disposing of appellant’s motion for DNA

testing.

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

final 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.).

As previously noted, the district clerk’s office confirmed there is no written

signed order in these cases. Under these circumstances, we lack jurisdiction over

these appeals. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.—Dallas 1985,

no pet.) (court of appeals has no jurisdiction over appeal absent written judgment or

order).

/Leslie Osborne// 210792f.u05 LESLIE OSBORNE 210793f.u05 JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b)

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

REGINALD DONELL RICE, On Appeal from the 265th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F14-76788-R. No. 05-21-00792-CR V. Opinion delivered by Justice Osborne. Justices Pedersen, III and THE STATE OF TEXAS, Appellee Reichek participating.

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

Judgment entered this 1st day of October, 2021.

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

REGINALD DONELL RICE, On Appeal from the 265th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F14-76789-R. No. 05-21-00793-CR V. Opinion delivered by Justice Osborne. Justices Pedersen, III and THE STATE OF TEXAS, Appellee Reichek participating.

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

–4–