IN THE
TENTH COURT OF APPEALS
No. 10-01-409-CR
No. 10-01-410-CR
No. 10-01-411-CR
No. 10-01-412-CR
No. 10-01-413-CR
No. 10-01-414-CR
No. 10-01-415-CR
No. 10-01-416-CR
No. 10-01-417-CR
No. 10-01-418-CR
WILLIAM A. McINTOSH,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court Nos. 20084CR, 20085CR, 20086CR, 20087CR
20379CR, 20380CR, 20381CR, 20382CR, 20383CR and 20384CR
DISSENTING OPINION
The majority is both right and wrong. Because the wrong is greater than the right, I respectfully dissent.
The majority has determined that we have no jurisdiction of this appeal. That determination is correct. "Jurisdiction of a court must be legally invoked, and when not legally invoked, the power of the court to act is as absent as if it did not exist." Ex parte Caldwell, 383 S.W.2d 587, 589 (Tex. Crim. App. 1964). When a court has no power to act, it “lacks jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction.” Olivo v. State, 918 S.W.2d 519, 524 (Tex. Crim. App. 1996). Thus, having determined we have no jurisdiction, the only thing we can properly do is dismiss this appeal for want of jurisdiction.
Because the majority publishes a meaningless “order” rather than dismissing this appeal for want of jurisdiction, I respectfully dissent.
TOM GRAY
Justice
Dissenting opinion delivered and filed December 11, 2002
Publish