Juan Roel Perez v. State ( 2005 )

Opinion issued December 8, 2005                                                  

    In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-05-01057-CR

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JUAN ROEL PEREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 988517

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Juan Roel Perez, and signed a final judgment in this case on July 27, 2005.

Juan Roel Perez did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was August 26, 2005, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Juan Roel Perez filed a notice of appeal on November 2, 2005, 68 days after the deadline. Notice of appeal was deposited in the mail on October 29, 2005, according to the postmark on the copy of the envelope included in the clerk’s record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the “mailbox rule.” See Tex. R. App. P. 9.2(b).

               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 Chief Justice Radack, and Justices Alcala and Bland.

Do not publish.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