Kenderick Bernard Webb v. State ( 2006 )

Opinion issued December 14, 2006

In The

Court of Appeals

For The

First District of Texas

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NOS 01-06-01058-CR

01-06-01059-CR

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KENDERICK BERNARD WEBB Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause Nos. 1036879 and 1036880

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MEMORANDUM OPINION

We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Kenderick Bernard Webb, and signed a final judgment in each case on March 30, 2006. Appellant did not file a motion for new trial in either case, and therefore the deadline for filing a notices of appeal was 30 days after sentencing in each case. See Tex. R. App. P. 26.2(a)(1). Specifically, the deadline for filing notice of appeal in each case was Monday, April 1, 2006, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

Appellant filed notices of appeal in each case on October 25, 2006, 209 days after the deadline. The notices of appeal were deposited in the mail on October 23, 2006, according to the postmark on the copy of the envelope included in the clerk's record. Because the notices of appeal were mailed after the filing deadline, they 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 these appeals for lack of jurisdiction.

Any 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Do not publish.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).