Gary Allen v. State ( 2004 )

Opinion issued December 9, 2004

    In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-04-01021-CR

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GARY ALLEN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from County Court at Law No. 1

Galveston County, Texas

Trial Court Cause No. 233554

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Gary Allen, and signed a final judgment in this case on July 16, 2004. Allen did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, August 16, 2004, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1). The deadline for filing notice of appeal and a motion for extension of time was August 31, 2004, the fifteenth day the deadline for filing the notice of appeal. Tex. R. App. P. 26.3.

               Allen filed a notice of appeal in the trial court on September 14, 2004, 29 days after the deadline. On the same date, he filed in this Court a motion to extend the time for filing the notice of appeal. Both the notice of appeal and the motion were untimely. We therefore deny the motion for extension of time to file notice of appeal.

               An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex. App.—Houston [1st Dist.] 1999, no pet.).

               We therefore dismiss the appeal for lack of jurisdiction.  

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).