DISMISS and Opinion Filed April 26, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00320-CR 

No. 05-22-00340-CR 

ERIC LOWELL ANDERSON, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 283rd Judicial District Court 

Dallas County, Texas 

Trial Court Cause Nos. F19-55774-T & F20-51286-T 

MEMORANDUM OPINION 

Before Justices Schenck, Osborne, and Smith 

Opinion by Justice Smith 

Eric Lowell Anderson appeals his convictions for possession of 

methamphetamine in an amount of one gram or more but less than four grams and 

stalking. On April 21, 2020, appellant pleaded guilty to both offenses in exchange 

for the State’s recommendation he receive three years of deferred adjudication 

probation. Thereafter, the State filed a motion to proceed with adjudication of guilt, 

alleging several violations of his supervision in each case. On December 13, 2021, 

the trial court found appellant guilty in each case and sentenced him to five years in 

the possession case and fifteen years in the stalking case, to run concurrently. 
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Although the trial court certified that appellant had a right to appeal his convictions, 

he did not file a notice of appeal until April 8, 2022. We dismiss these appeals. 

“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; if not, the power of the court to act is as 

absent as if it did not exist. See id. at 523. “The standard to determine whether an 

appellate court has jurisdiction to hear and determine a case ‘is not whether the 

appeal is precluded by law, but whether the appeal is authorized by law.’” Blanton 

v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271 

S.W.3d 694, 696–97 (Tex. Crim. App. 2008)). The right to appeal in a criminal case 

is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex. 

Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). 

See also TEX. CODE CRIM. PROC. ANN. art. 44.02 (providing right of appeal for 

defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant). 

A timely-filed notice of appeal vests the courts of appeals with jurisdiction. 

Olivo, 918 S.W.2d at 522. Absent a timely filed motion for new trial, appellant’s 

notices of appeal were due by February 12, 2022. See TEX. R. APP. P. 26.2(a)(2). To 

obtain the benefit of the extension period provided by rule 26.3, appellant had to file 

his notices of appeal in the trial court and an extension motion in this Court by 

February 27, 2017. See TEX. R. APP. P. 26.3; Slaton v. State, 981 S.W.2d 208, 210 

(Tex. Crim. App. 1998) (per curiam); Olivo, 918 S.W.2d at 522. The notices of 
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appeal filed in this Court show they were filed in the trial court on April 8, 2022. 

Because appellant’s notices of appeal are untimely, we lack jurisdiction over the 

appeals. See Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523. 

We dismiss these appeals. 

Do Not Publish 

TEX. R. APP. P. 47.2(b) 

220320F.U05 

 

/Craig Smith/

CRAIG SMITH 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

ERIC LOWELL ANDERSON, 

Appellant 

No. 05-22-00320-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 283rd Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. F19-55774-T. 

Opinion delivered by Justice Smith. 

Justices Schenck and Osborne 

participating. 

 Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered April 26, 2022 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

ERIC LOWELL ANDERSON, 

Appellant 

No. 05-22-00340-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 283rd Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. F20-51286-T. 

Opinion delivered by Justice Smith. 

Justices Schenck and Osborne 

participating. 

 Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered April 26, 2022