Ivory Gerome McAlpin v. State ( 2006 )

  In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00704-CR

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IVORY GEROME MCALPIN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1059998   

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MEMORANDUM OPINION

               Appellant, Ivory Gerome McAlpin, pleaded guilty to the misdemeanor offense of illegal redemption of food stamps and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 190 days. We lack jurisdiction to hear this appeal.

               The trial court sentenced appellant and signed a final judgment in this case on May 15, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was June 14,2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Appellant filed a pro se notice of appeal on July 13, 2006, 29 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 Jennings, Hanks, and Higley.

Do not publish.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