Eric Lowell Anderson v. the State of Texas

DISMISS and Opinion Filed April 26, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00320-CR
No. 05-22-00340-CR
ERIC LOWELL ANDERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F19-55774-T & F20-51286-T
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Smith
Opinion by Justice Smith
Eric Lowell Anderson appeals his convictions for possession of
methamphetamine in an amount of one gram or more but less than four grams and
stalking. On April 21, 2020, appellant pleaded guilty to both offenses in exchange
for the State’s recommendation he receive three years of deferred adjudication
probation. Thereafter, the State filed a motion to proceed with adjudication of guilt,
alleging several violations of his supervision in each case. On December 13, 2021,
the trial court found appellant guilty in each case and sentenced him to five years in
the possession case and fifteen years in the stalking case, to run concurrently.
Although the trial court certified that appellant had a right to appeal his convictions,
he did not file a notice of appeal until April 8, 2022. We dismiss these appeals.
“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; 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. PROC. ANN. art. 44.02 (providing right of appeal for
defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant).
A timely-filed notice of appeal vests the courts of appeals with jurisdiction.
Olivo, 918 S.W.2d at 522. Absent a timely filed motion for new trial, appellant’s
notices of appeal were due by February 12, 2022. See TEX. R. APP. P. 26.2(a)(2). To
obtain the benefit of the extension period provided by rule 26.3, appellant had to file
his notices of appeal in the trial court and an extension motion in this Court by
February 27, 2017. See TEX. R. APP. P. 26.3; Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998) (per curiam); Olivo, 918 S.W.2d at 522. The notices of
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appeal filed in this Court show they were filed in the trial court on April 8, 2022.
Because appellant’s notices of appeal are untimely, we lack jurisdiction over the
appeals. See Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523.
We dismiss these appeals.
/Craig Smith/
CRAIG SMITH
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
220320F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ERIC LOWELL ANDERSON, On Appeal from the 283rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F19-55774-T.
No. 05-22-00320-CR V. Opinion delivered by Justice Smith.
Justices Schenck and Osborne
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered April 26, 2022
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ERIC LOWELL ANDERSON, On Appeal from the 283rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F20-51286-T.
No. 05-22-00340-CR V. Opinion delivered by Justice Smith.
Justices Schenck and Osborne
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered April 26, 2022
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