Andres Gilberto Flores v. State ( 2010 )

Opinion issued April 29, 2010

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-10-00129-CR

           01-10-00130-CR

           01-10-00131-CR

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Andres Gilberto FLores, Appellant

V.

The State of Texas, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Case No. 52683, 52684, 52685

MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Andres Gilberto Flores, and signed a final judgment in this case on November 16, 2009.  Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was December 16, 2009, 30 days after sentencing.  Tex. R. App. P. 26.2(a)(1).

          Appellant filed a notice of appeal on January 27, 2010, 42 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 appeals 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 Higley.

Do not publish.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