John Allen English v. State ( 2015 )

DISMISS; and Opinion Filed May 18, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00618-CR
JOHN ALLEN ENGLISH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court At Law No. 1
Kaufman County, Texas
Trial Court Cause No. 32068CC
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Evans
Opinion by Justice Fillmore
A jury found John Allen English guilty of one count of manslaughter and two counts of
aggravated assault with a deadly weapon. The trial court assessed punishment on each count,
enhanced by one prior felony conviction, at forty years’ imprisonment. The trial court also
assessed a $5,000 fine on the manslaughter conviction. The sentences were imposed in open
court on October 6, 2014. The documents before the Court do not reflect that a motion for new
trial was filed; therefore, appellant’s notice of appeal was due by November 5, 2014. See TEX.
R. APP. P. 26.2(a)(1). Appellant filed a pro se notice of appeal; the certificate of service is dated
April 23, 2015 and it is file-stamped May 14, 2015. We conclude we lack jurisdiction over the
appeal.
“Jurisdiction concerns the power of the 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. “The standard to determine whether an appellate court has jurisdiction to hear and
determine a case ‘is not whether the appeal is precluded by law, but whether the appeal is
authorized by law.’” Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting
Abbott v. State, 271 S.W.3d 694, 697–97 (Tex. Crim. App. 2008)). To invoke this Court’s
jurisdiction, an appellant must file his notice of appeal within the time provided by the Texas
Rules of Appellate Procedure. See Blanton, 369 S.W.2d at 902; Olivo, 918 S.W.2d at 522; see
also TEX. R. APP. P. 26.2(a) (time to file notice of appeal); Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998) (per curiam).
Appellant’s May 14, 2015 notice of appeal is untimely because it was filed more than
thirty days after his October 6, 2014 sentencing date, leaving us without jurisdiction over the
appeal. See TEX. R. APP. P. 26.2(a)(1); Slaton v. State, 981 S.W.2d at 210. Accordingly, we
dismiss the appeal for want of jurisdiction.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150618F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOHN ALLEN ENGLISH, Appellant On Appeal from the County Court At Law
No. 1, Kaufman County, Texas
No. 05-15-00618-CR V. Trial Court Cause No. 32068CC.
Opinion delivered by Justice Fillmore,
THE STATE OF TEXAS, Appellee Justices Myers and Evans participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 18th day of May, 2015.
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