Karen Alyse Wingate v. State ( 2010 )

Opinion issued April 8, 2010

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-10-00051-CR

———————————

KAREN ALYSE WINGATE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court  

 Harris County, Texas

Trial Court Case No. 1002272

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  The trial court sentenced appellant, Karen Alyse Wingate, and signed a final judgment in this case on September 13, 2007. Appellant did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, October 15, 2007, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a)(1).

          Appellant filed a notice of appeal on January 7, 2010, 815 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.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland.

Do not publish.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