Jorge Luis Lorente v. the State of Texas ( 2021 )

DISMISS and Opinion Filed May 12, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00315-CR
No. 05-21-00316-CR
JORGE LUIS LORENTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F19-30915-H & F19-30916-H
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Garcia
Opinion by Justice Partida-Kipness
On March 17, 2021, Jorge Luis Lorente filed pro se notices of appeal,
challenging his two convictions for indecency with a child by sexual contact, each
enhanced for punishment purposes by a prior felony conviction. On May 6, 2021,
the clerk’s records were filed. After reviewing the records, we dismiss these appeals
for want of jurisdiction.
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 and
the filing of timely filed notices of appeal. TEX. R. APP. P. 26.2(a)(1); Wright v. State,
969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.).
A timely filed notice of appeal is required to invoke this Court’s jurisdiction.
Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a
timely filed notice of appeal, we have no option other than to dismiss the appeal. Id.
A defendant perfects an appeal by filing with the trial court clerk, within thirty days
after the date sentence was imposed, or within ninety days after sentencing if the
defendant timely filed a motion for new trial, a written notice of appeal showing his
desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a).
The trial court entered the judgments on February 26, 2020; absent timely
filed motions for new trial, appellant’s notices of appeal were due on March 27,
2020. See TEX. R. APP. P. 26.2(a). Because appellant’s pro se notices of appeal were
filed on March 17, 2021, they were untimely, and we lack jurisdiction over these
appeals.
We further note that appellant entered into plea bargains with the State in
which he agreed to plead guilty and waive his right to appeal in exchange for the
State’s recommendation that he receive a thirty-year sentence in each case.1 And the
1
Indecency with a child by sexual contact is a second-degree offense with a punishment range of not
more than twenty years or less than two years.. TEX. PENAL CODE ANN. §§ 12.33(a), 21.11(d). Because
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trial court certified each case was a plea bargain and that appellant waived his right
to appeal.
When an appellant waives his right to appeal as part of his plea bargain
agreement with the State, a subsequent notice of appeal filed by him fails to “initiate
the appellate process,” thereby depriving this Court of jurisdiction over the appeal.
Lundgren v. State, 434 S.W.3d 594, 599, 600 (Tex. Crim. App. 2014). For the above
reasons, we conclude we lack jurisdiction over these cases.
We dismiss the appeals for want of jurisdiction.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
210315F.U05
appellant had a prior felony conviction which raised the punishment range for each of his offenses to that
of a first-degree offense, the thirty-year sentence was within the appropriate punishment range. Id. §§ 12.32,
12.42(b).
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JORGE LUIS LORENTE, Appellant On Appeal from the Criminal District
Court No. 1, Dallas County, Texas
No. 05-21-00315-CR V. Trial Court Cause No. F19-30915-H.
Opinion delivered by Justice Partida-
THE STATE OF TEXAS, Appellee Kipness. Justices Myers and Garcia
participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want
of jurisdiction.
Judgment entered May 12, 2021
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JORGE LUIS LORENTE, Appellant On Appeal from the Criminal District
Court No. 1, Dallas County, Texas
No. 05-21-00316-CR V. Trial Court Cause No. F19-30916-H.
Opinion delivered by Justice Partida-
THE STATE OF TEXAS, Appellee Kipness. Justices Myers and Garcia
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered May 12, 2021
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