Donald Ray McCray v. State ( 2018 )

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Do Not Publish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
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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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