DISMISS and Opinion Filed April 12, 2022 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00189-CR 

SHEDRICK JERMAINE THORTON, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the Criminal District Court No. 1 

Dallas County, Texas 

Trial Court Cause No. F14-76804-H 

MEMORANDUM OPINION 

Before Justices Molberg, Reichek, and Garcia 

Opinion by Justice Garcia 

On March 8, 2022, Shedrick Jermaine Thorton filed his notice of appeal in 

this case. Three weeks later, the State filed a motion to dismiss, contending that the 

notice of appeal was untimely. After reviewing the clerk’s record, the reporter’s 

record, and the State’s motion, we will grant the motion and dismiss this appeal. 

In August of 2015, appellant was charged with violation of a protective order 

or bond condition – assault stalking. On January 12, 2017, after appellant pleaded 

guilty, the trial court found him guilty and assessed punishment at ten years, 

probated for ten years; the trial court’s judgment states that appellant’s probated 

sentence was to “start after [his six-year] sentence in #F14-76803-H has been 
 –2– 

discharged.” On September 11, 2019, appellant filed a notice of appeal in the trial 

court.1

 On February 9, 2022, after he was released in trial court cause #F14-76803-

H, the trial court set the conditions of his probation in this case. Five days later, the 

trial court modified the conditions of his probation to include electronic monitoring. 

Appellant then filed a notice of appeal with this Court, seeking to challenge “the trial 

court’s decision to enforce a 10 year probation sentence, that was ordered against 

him on January 12, 2017.” 

“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). 

1

 For reasons that are unclear, the 2019 notice of appeal was not forwarded to this Court until the clerk’s 

record in this appeal was filed on April 8, 2022. 
 –3– 

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 

notice of appeal was due by February 13, 2017. 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 notice 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 notice of appeal 

filed in this Court shows it was prepared and postmarked on March 4, 2022. Even if 

we were to consider his September 11, 2019 notice of appeal, that notice is also 

untimely. Because appellant’s notice of appeal is untimely, we lack jurisdiction over 

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

We dismiss this appeal. 

Do Not Publish 

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

220189F.U05 

 

/Dennise Garcia/ 

DENNISE GARCIA 

JUSTICE 
 –4– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

SHEDRICK JERMAINE 

THORTON, Appellant 

No. 05-22-00189-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the Criminal District 

Court No. 1, Dallas County, Texas 

Trial Court Cause No. F14-76804-H. 

Opinion delivered by Justice Garcia. 

Justices Molberg and Reichek 

participating. 

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

of jurisdiction. 

Judgment entered April 12, 2022