Kavota Carl Stewart v. State

Opinion issued December 14, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-01047-CR

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KAVOTA CARL STEWART, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1055349

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MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Kavota Carl Stewart, and signed a final judgment in this case on August 21, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 20, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Appellant filed a notice of appeal on November 6, 2006, 47 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 Taft, Keyes, and Hanks.

Do not publish.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