Hector Martinez Saavedra v. State ( 2005 )

Opinion issued December 22, 2005  

  In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-05-01097-CR

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HECTOR MARTINEZ SAAVEDRA, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 935972

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Hector Martinez Saavedra, and signed a final judgment in this case on September 27, 2005. Appellant Saavedradid not file a motion for new trial, and therefore the deadline for filing a notice of appeal was October 27, 2005, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Appellant Saavedra filed a notice of appeal on November 7, 2005, 11 days after the deadline. Notice of appeal was deposited in the mail on November 3, 2005, according to the postmark on the copy of the envelope included in the clerk’s record. Although the notice of appeal was filed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. See Tex. R. App. P. 26.3.

               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.  

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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