Dismiss and Opinion Filed August 5, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00517-CR
No. 05-21-00520-CR
BRYAN MATTHEW CAHILL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 380-82181-2019 & 380-82182-2019
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Nowell
On June 30, 2021, appellant filed a pro se notice of appeal listing nine trial
court cause numbers. After reviewing the documents filed by the Collin County
District Clerk along with the notice of appeal, the Court questioned its jurisdiction
over cause numbers 05-21-00517-CR and 05-21-00520-CR because it appeared
those two cause numbers were dismissed by the trial court in a June 16, 2021 order.
We asked the parties (appellant had since been appointed counsel) to brief the Court
on the jurisdictional issue.
On July 21, 2021, appellant’s counsel responded, agreeing that those two
cases should be dismissed for want of jurisdiction. To date, the State has not
responded.
There is no constitutional right to appellate review of criminal convictions.
See Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). The Texas Legislature
confers the right of appeal in criminal cases, and a party may appeal only from
judgments of conviction or authorized orders. See TEX. CODE CRIM. PROC. ANN. art.
44.02, TEX. R. APP. P. 25.2(a)(2); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex.
Crim. App. 2014). Thus, the “standard for determining jurisdiction is not whether
the appeal is precluded by law, but whether the appeal is authorized by law.” Abbott
v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). And although the State
may appeal an order dismissing an indictment, the defendant does not have a
corresponding right to do the same. See TEX. R. APP. P. 25.2(a)(2); see also Petty v.
State, 800 S.W.2d 582, 583–84 (Tex. App.—Tyler 1990, no pet.) (per curiam)
(dismissal of indictment is not appealable order).
Because we lack jurisdiction over appellate cause numbers 05-21-00517-CR
and 05-21-00520-CR, we dismiss those two appeals.
200517f.u05 /Erin A. Nowell//
200520f.u05 ERIN A. NOWELL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRYAN MATTHEW CAHILL, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-82181-
No. 05-21-00517-CR V. 2019.
Opinion delivered by Justice Nowell.
THE STATE OF TEXAS, Appellee Justices Osborne and Pedersen, III
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered this 5th day of August, 2021.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRYAN MATTHEW CAHILL, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-82182-
No. 05-21-00520-CR V. 2019.
Opinion delivered by Justice Nowell.
THE STATE OF TEXAS, Appellee Justices Osborne and Pedersen, III
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered this 5th day of August, 2021.
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