James Gambrell, Jr. v. the State of Texas ( 2024 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00176-CR
No. 10-23-00181-CR
JAMES GAMBRELL, JR.
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 12th District Court
Walker County, Texas
Trial Court Nos. 30096 & 30238
MEMORANDUM OPINION
On January 4, 2024, we issued an opinion and judgments in these causes of action
affirming the trial court's judgment in trial court cause numbers 30096 and 30238. On the
Court's own motion, we withdraw our opinion and judgments of January 4, 2024, and we
substitute this opinion and accompanying judgments in their stead.
A court has jurisdiction to determine whether it has jurisdiction. Olivo v. State, 918
S.W.2d 519, 523 (Tex. Crim. App. 1996). The right to appeal in criminal cases is conferred
by statute, and a party may appeal only from a judgment of conviction or an interlocutory
order as authorized by statute. See TEX. CODE CRIM. PROC. art. 44.02; TEX. R. APP. P.
25.2(a)(2); Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014). When this Court
lacks jurisdiction, we have no power to act, and we must dismiss the attempted appeal.
See State v. Dunbar, 297 S.W.3d 777, 780 (Tex. Crim. App. 2009).
Upon further review of the record, we dismiss these appeals for lack of
jurisdiction.
PER CURIAM
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeals dismissed
Opinion issued and filed March 4, 2024
Do not publish
[CR25]
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