DISMISS and Opinion Filed April 12, 2022 

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In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-22-00189-CR SHEDRICK JERMAINE THORTON, Appellant V. THE STATE OF TE XAS, 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 T horton filed his notice of appeal in this case. Three weeks later, the State file d a motion to dismiss, contending that the notice of appeal was untimely. After revi ewing the clerk’s record, the reporter’s record, and the State’s motion, we will gr ant the motion and dismiss this appeal. In August of 2015, appellant was charge d with violation of a protective order or bond condition – assault stalking. On Ja nuary 12, 2017, after appellant pleaded guilty, the trial court found him guilty a nd 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 #F 14-76803-H has been–2– discharged.” On September 11, 2019, appellant filed a notice of appeal in the trial
court. 1 On February 9, 2022, afte r he was released in tr ial court cause #F14-76803- H, the trial court set the conditi ons 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, se eking to challenge “the trial court’s decision to enforce a 10 year prob ation 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 jurisdic tion to hear and determine a case ‘is not whether the appeal is precluded by law, but whethe r the appeal is authorized by law.’” Blanton
v. State , 369 S.W.3d 894, 902 (Tex. Cr im. App. 2012) (quoting Abbott v. State , 271 S.W.3d 694, 696–97 (Tex. Crim. A pp. 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 T EX
. C ODE C RIM
. P ROC
. A NN
. art. 44.02 (providing right of appeal for defendant); T EX
. R. A PP
. 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 f iled motion for new tr ial, appellant’s notice of appeal was due by February 13, 2017. See T EX
. R. A PP
. P. 26.2(a)(2). To obtain the benefit of the extension period pr ovided by rule 26.3, a ppellant had to file his notice of appeal in the trial court a nd an extension motion in this Court by February 27, 2017. See T EX
. R. A PP
. 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 app eal 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 T EX
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. P. 47.2(b) 220189F.U05 /Dennise Garcia/ DENNISE GARCIA JUSTICE–4– 

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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, Dall as 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