Donald Ray McCray v. State ( 2014 )

DISMISS; and Opinion Filed August 20, 2014.
In The
(fund uf Apprats
liifth Distrid uf ticxas at Dallas
No. 05.14-01077.CR
DONALD RAY MCCRAY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd judicial District Court
Dallas County, Texas
Trial Court Cause No. F87-82980-QS
MEMORANDUM OPINION
Before Justices Lang, Myers. and Brown
Opinion by Justice Brown
Donald Ray McCray was convicted of murder in L992 and sentenced to thirty-live years’
imprisonment. This Court affirmed his conviction on direct appeal. McCrav v. State. 861
S.W.2d 405 (Tex. App.—Dallas 1993, no pet.). The Court now has before it appellant’s notice
of appeal. The notice of appeal does not reference any new appealable order entered by the trial
court, and it is untimely as to the July 14, 1992 sentencing date referenced in the notice of
appeal. We conclude we have no jurisdiction over the appeal.
“Jurisdiction concerns the power of a court to hear and determine a case.” O!ii’o 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. To invoke the Court’s jurisdiction, an appellant must tile his notice of appeal within the
time provided by the rules of appellate procedure. See Id.; see also Slatmi i’. State, 981 S.W.2d
208, 210 (Tex. Crim. App. 1998) (per curiam).
Here, appellant’s sentence was imposed on July 14, 1992, and he appealed at that time.
Appellant’s notice of appeal does not ref rence any recent proceedings, and is untimely as to the
1992 sentencing date. See TEX. R. App. P. 26.2(a) (notice of appeal filed by defendant).
Therefore, we conclude we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210:
Olivo, 918 S.W.2d at 523.
We dismiss the appeal for want of jurisdiction.
!Ada Brown!
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. App. P. 47
141 077F.U05
Gtnth of Appeals
1Fift1 District uf cxas at DalLas
JUDGMENT
DONALD RAY MCCRAY, Appellant On Appeal from the 282nd Judicial District
Court. Dallas County. Texas
No. 05-14-01077-CR V Trial Court Cause No. F87-82980-QS.
Opinion delivered by Justice Brown,
THE STATE OF TEXAS. Appellee Justices Lang and Myers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 20th day of August. 2014.
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