James Earl Watkins v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-04-00835-CR

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JAMES EARL WATKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 928921

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, James Earl Watkins, and signed a final judgment in this case on June 1, 2004. Watkins did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was July 1, 2004, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Watkins filed a pro se notice of appeal on July 21, 2004, 20 days after the deadline. 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).

               We therefore dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish.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