Lemarcus Demond Dixon v. State ( 2006 )

Opinion issued February 9, 2006  

In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-06-00036-CR

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LEMARCUS DEMOND DIXON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1009685

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MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Lemarcus Demond Dixon, and signed a final judgment in this case on October 5, 2005. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was November 4, 2005, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).  

               Appellant filed a notice of appeal on January 4, 2006, 61 days after the deadline. Notice of appeal was deposited in the mail on December 30, 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 Justices Taft, Higley, and Bland.

Do not publish.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