Reginald Donell Rice v. the State of Texas ( 2021 )

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Do Not Publish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)
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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.
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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.
Judgment entered this 1st day of October, 2021.
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