Josiah Andrew Salinas v. the State of Texas ( 2022 )

DISMISS and Opinion Filed August 23, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00741-CR
No. 05-22-00742-CR
JOSIAH ANDREW SALINAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F20-71443-R & F20-75253-R
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Garcia
Opinion by Justice Reichek
Josiah Andrew Salinas was charged with aggravated robbery and capital
murder. He entered into a plea bargain agreement with the State in which he agreed
to plead guilty and waive his right to appeal in each case in exchange for the State’s
agreement to drop the capital murder charge to murder and recommend a forty-year
sentence in each case. The trial court followed the plea agreement, found appellant
guilty, and sentenced him to forty years in prison in each case.
On July 29, 2022, appellant filed a notice of appeal, stating he filed a motion
for DNA testing on June 28, 2022 and the trial court had “not made a ruling.”
An appellant has the right to appeal when a trial court enters a “judgment of
guilt or other appealable order.” See TEX. R. APP. P. 25.2(a)(2), 26.2(a). The trial
court “enters” an appealable order by signing a written order. See State v.
Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012) (court of appeals has
no jurisdiction over State’s appeal until there is signed written order); State ex rel.
Sutton v. Bage, 822 S.W.2d 55, 57 (Tex. Crim. App. 1992) (orig. proceeding)
(determining that trial court has not entered order justifying appeal until written
order is signed); see also Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App.
1993) (defendant’s timetable for filing notice of appeal from adverse habeas decision
begins when appealable order signed).
Although appellant states he filed a motion for DNA testing in the trial court,
the trial court has not signed or entered any appealable orders in these cases.
Therefore, appellant’s notice of appeal does not confer jurisdiction on this Court.
See Sanavongxay, 407 S.W.3d at 259.
We dismiss these appeals.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
220741F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSIAH ANDREW SALINAS, On Appeal from the 265th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F20-71443-R.
No. 05-22-00741-CR V. Opinion delivered by Justice
Reichek. Justices Molberg and
THE STATE OF TEXAS, Appellee Garcia participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered August 23, 2022
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSIAH ANDREW SALINAS, On Appeal from the 265th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F20-75253-R.
No. 05-22-00742-CR V. Opinion delivered by Justice
Reichek. Justices Molberg and
THE STATE OF TEXAS, Appellee Garcia participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered August 23, 2022
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