Renee Harris v. State ( 2004 )

Opinion issued October 28, 2004  

  In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-04-00962-CR

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RENEE HARRIS, 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. 956853

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Renee Harris, and signed a final judgment in this case on March 25, 2004. Harris did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, April 26, 2004, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

               Harris filed a notice of appeal on August 13, 2004, more than three months 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 Justices Taft, Jennings, and Bland.

Do not publish.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