DISMISS; and Opinion Filed January 27, 2017.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-17-00071-CR

No. 05-17-00072-CR

No. 05-17-00073-CR

No. 05-17-00074-CR

LARRY B. JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause Nos. F08-11151-H, F08-11221-H, F09-00661-H & F09-00662-H

MEMORANDUM OPINION

Before Justices Francis, Fillmore, and Stoddart

Opinion by Justice Fillmore

On January 20, 2017, appellant filed his notices of appeal in these causes. In his notices, 

appellant states he is appealing from a January 11, 2017 order denying his motion for DNA 

testing pursuant to article 64 of the code of criminal procedure. However, the trial court has not 

yet ruled on appellant’s motion. Accordingly, we dismiss these appeals for want of jurisdiction.

“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. 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 (West 2006) (providing right 
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of appeal for defendant); TEX. R. APP. P. 25.2(a)(2) (rules for appeal by defendant). Appellate 

courts may consider appeals by criminal defendants only after conviction or the entry of an 

appealable order. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.).

Although appellant claims the trial court denied his motion for DNA testing, the trial 

court has not yet ruled on appellant’s motion. As this Court has stated previously, we have no 

jurisdiction over an appeal absent a written judgment or appealable order. See Nikrasch v. State,

698 S.W.2d 443, 450 (Tex. App.—Dallas 1985, no pet.); Wright, 969 S.W.2d at 450. Absent a 

written order denying appellant’s motion, this Court has no jurisdiction. See Nikrasch, 698 

S.W.2d at 450.

We dismiss these appeals for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47

170071F.U05

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

LARRY B. JOHNSON, Appellant

No. 05-17-00071-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 1, Dallas County, Texas.

Trial Court Cause No. F08-11151-H.

Opinion delivered by Justice Fillmore, 

Justices Francis and Stoddart participating.

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

jurisdiction.

Judgment entered this 27th day of January, 2017.
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

LARRY B. JOHNSON, Appellant

No. 05-17-00072-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 1, Dallas County, Texas.

Trial Court Cause No. F08-11221-H.

Opinion delivered by Justice Fillmore, 

Justices Francis and Stoddart participating.

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

jurisdiction.

Judgment entered this 27th day of January, 2017.
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

LARRY B. JOHNSON, Appellant

No. 05-17-00073-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 1, Dallas County, Texas.

Trial Court Cause No. F09-00661-H.

Opinion delivered by Justice Fillmore, 

Justices Francis and Stoddart participating.

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

jurisdiction.

Judgment entered this 27th day of January, 2017.
–6–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

LARRY B. JOHNSON, Appellant

No. 05-17-00074-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 1, Dallas County, Texas.

Trial Court Cause No. F09-00662-H.

Opinion delivered by Justice Fillmore, 

Justices Francis and Stoddart participating.

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

jurisdiction.

Judgment entered this 27th day of January, 2017.