DISMISS; and Opinion Filed July 7, 2014.
In The
Court of Apprals
lFfttI! Oi5trict of 1exas at Outlas
No. 05-14-00839-CR
JOSE GUEVARA-MOLINA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F12-30529-I
MEMORANDUM OPINION
Before Justices Lang, Myers, and Brown
Opinion by Justice Brown
Jose Guevara-Molina was convicted of felony DWI. On June 28, 2013, the trial court
sentenced appellant to sixteen years’ imprisonment. Appellant filed a motion for new trial on
July 23, 2013, which the trial court overruled by written order on July 25, 2013. On June 20.
2014, appellant filed a notice of appeal. We conclude we lack jurisdiction over the appeal.
“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, 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 CourCs jurisdiction, an appellant must file his notice of appeal within the
time period provided by the rules of appellate procedure. See Id.; see also Stoic-ni t’. State. 981
S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).
Because a timely motion for new trial was flied, appellant’s notice of appeal was due by
September 26, 2013. See TEX. R. App. P. 26.2(a)(2). AppellanCs June 20, 2014 notice of appeal
is untimely as to the June 28, 2013 sentencing date. See TEx. R. App. P. 26.2(a)(I); Slaron. 981
S.W.2d at 210.
We dismiss the appeal for want of jurisdiction.
/Ada Brown!
ADA BROWN
JUSTICE
Do Not Publish
TEx. R. App. P. 47
140839F.U05
Qtrntrt uf Appeals
Jfiftl1 Oistrict uf exas at Dallas
JUDGMENT
JOSE GUEVARA-MOL1NA. Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-14-00839-CR V. Trial Court Cause No F12-30529-l.
Opinion delkered 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 7th day of July, 2014.
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