Lynn Ivan Williams v. State ( 2004 )

Opinion issued December 2, 2004  

  In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-04-01078-CR

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LYNN IVAN WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 964765

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Lynn Ivan Williams, and signed a final judgment in this case on August 24, 2004. Williams did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 23, 2004, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Williams filed his notice of appeal on Monday, October 11, 2004.

               The deadline for filing a motion for extension of time to file notice of appeal was Monday, October 11, 2004, because the fifteenth day after sentencing fell on Saturday, October 9, 2004. See Tex. R. App. P. 4.1(a), 26.3. However, no motion for extension of time was filed in this Court.  

               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.

               All pending motions are denied as moot.  

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish.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