Joshua Joseph Brown v. State ( 2004 )

Opinion issued February 5, 2004  

  In The  

Court of Appeals  

For The  

First District of Texas  

____________

NO. 01-03-01181-CR

____________

JOSHUA JOSEPH BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 936698

---

MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant Joshua Brown and signed a final judgment in this case on May 21, 2003. Brown did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was June 20, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Brown filed a notice of appeal on October 8, 2003, more than three months 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).

               We dismiss the appeal for lack of jurisdiction.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Bland.

Do not publish.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