Dismissed and Opinion Filed February 12, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00149-CR
CHRISTOPHER RANDY PEREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-80748-2014
MEMORANDUM OPINION
Before Justices Lang, Stoddart, and Schenck
Opinion by Justice Stoddart
Christopher Randy Perez was convicted of aggravated assault with a deadly weapon and
sentenced to ten years’ imprisonment. Appellant filed a pro se motion for new trial on January
12, 2015 and a pro se notice of appeal on February 3, 2015. 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 this Court’s jurisdiction, a party must file its notice of appeal within the time
period provided by the rules of appellate procedure. See id. at 522; see also Slaton v. State, 981
S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).
Appellant was sentenced in open court on August 21, 2014. Therefore, to be timely,
appellant’s motion for new trial was due by Monday, September 22, 2014. See TEX. R. APP. P.
4.1(a), 21.4(a). Appellant’s January 12, 2015 motion for new trial was not timely; thus it did not
extend the time for filing appellant’s notice of appeal. See TEX. R. APP. P. 26.2(a)(2) (time for
filing notice of appeal extended by timely-filed motion for new trial). Absent a timely motion
for new trial, appellant’s notice of appeal was due by Monday, September 22, 2014. See TEX. R.
APP. P. 4.1(a), 26.2(a)(1). Appellant’s February 3, 2015 notice of appeal is untimely, leaving us
without authority to take any action except to dismiss the appeal. See Slaton, 981 S.W.2d at 210;
Olivo, 918 S.W.2d at 522–23.
We dismiss the appeal for want of jurisdiction.
/Craig Stoddart/
CRAIG STODDART
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150149F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHRISTOPHER RANDY PEREZ, On Appeal from the 296th Judicial District
Appellant Court, Collin County, Texas
Trial Court Cause No. 296-80748-2014.
No. 05-15-00149-CR V. Opinion delivered by Justice Stoddart,
Justices Lang and Schenck participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 12th day of February, 2015.
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