Patricia Ann Dinnon v. State ( 2005 )

Opinion issued November 17, 2005  

    In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-05-00403-CR

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PATRICIA ANN DINNON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from County Criminal Court at Law No. 11

Harris County, Texas

Trial Court Cause No. 1257342

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Patricia Ann Dinnon, and signed a final judgment in this case on

October 28, 2004. Appellant’s counsel filed an untimely motion for new trial on March 24, 2005. A motion for new trial that is filed more than 30 days after sentencing does not extend the time for filing the notice of appeal. Mendez v. State, 914 S.W.2d 579, 580 (Tex. Crim. App. 1996). The deadline for filing notice of appeal was Monday, November 29, 2004, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

               Appellant, Patricia Ann Dinnon, filed a pro se notice of appeal on January 21, 2005, 53 days after the deadline. Appellant’s counsel filed a notice of appeal on March 24, 2005, 168 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); 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Do not publish.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).