Kendrick Lamont Johnson v. State ( 2017 )

Dismissed; Opinion Filed February 16, 2017.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00109-CR
KENDRICK LAMONT JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause No. F13-58098-L
MEMORANDUM OPINION
Before Justices Evans, Stoddart, and Boatright
Opinion by Justice Evans
Kendrick Lamont Johnson appeals his February 16, 2016 conviction for murder.
Appellant filed a notice of appeal with this Court on February 1, 2017. We dismiss this appeal
for lack of jurisdiction.
“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. “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, 696–97 (Tex. Crim. App. 2008)). The right to appeal in a
criminal case is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex.
Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). See also TEX.
CODE CRIM. P. ANN. art. 44.02 (West 2006) (providing right of appeal for defendant); TEX. R.
APP. P. 25.2(a)(2) (rules for appeal by defendant). Appellate courts may consider appeals by
criminal defendants only after conviction or the entry of an appealable order and a timely filed
notice of appeal. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.);
TEX. R. APP. P. 26.2(a).
Appellant was convicted and sentenced on February 16, 2016; absent a timely motion for
new trial, appellant’s notice of appeal was due March 17, 2016. TEX. R. APP. P. 26.2(a).
Appellant filed his notice of appeal on February 1, 2017, outside the thirty-day period allowed by
rule 26.2. Because appellant’s notice of appeal is untimely, we lack jurisdiction over this appeal.
We dismiss this appeal for want of jurisdiction.
/David W. Evans/
Do Not Publish DAVID EVANS
TEX. R. APP. P. 47.2(b) JUSTICE
170109F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KENDRICK LAMONT JOHNSON, On Appeal from the Criminal District Court
Appellant No. 5, Dallas County, Texas
Trial Court Cause No. F13-58098-L.
No. 05-17-00109-CR V. Opinion delivered by Justice Evans, Justices
Stoddart and Boatright participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 16th day of February, 2017.
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