DocketNumber： 01-10-00639-CR
Filed Date： 10/7/2010
Status： Precedential
Modified Date： 9/3/2015
Opinion issued October 7, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00639-CR
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STEVDRICK JACKSON, Appellant
V.
The State of Texas, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Case No. 1243327
MEMORANDUM OPINION
Appellant, Stevdrick Jackson, pleaded guilty to the offense of aggravated robbery with a deadly weapon. See Tex. Penal Code Ann. § 29.03 (Vernon 2003). Pursuant to an agreed recommendation from the State, the trial court assessed punishment at 40 years’ confinement. We lack jurisdiction to hear this appeal.
To perfect an appeal from a judgment of conviction, a notice of appeal must be filed within 30 days after the day sentence is imposed or suspended in open court, or an appealable order is entered. Tex. R. App. P. 26.2(a)(1); Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993) (written judgment of conviction is not “appealable order” within meaning of rule; defendant does not have option of calculating time limit from day written judgment is signed and entered by trial court) (construing predecessor rule). The deadline to file a notice of appeal is extended to 90 days after the date sentence is imposed, if a motion for new trial was timely filed. See Tex. R. App. P. 26.2(a)(2). A motion for new trial is timely if it is filed no later than 30 days after sentencing. Mendez v. State, 914 S.W.2d 579, 580 (Tex. Crim. App. 1996).
In this case, sentence was imposed on March 26, 2010. Hence, appellant’s deadline to file a notice of appeal or a motion for new trial expired on April 26, 2010. See Tex. R. App. P. 4.1(a), 26.2(a)(1)-(2). Appellant’s notice of appeal, filed on July 22, 2010, was untimely. On July 8, 2010, appellant filed a motion to withdraw his plea of guilty. Even if we construe the motion to withdraw his plea as a motion for new trial, appellant’s motion was untimely and therefore did not extend the time to file his notice of appeal.
An untimely notice of appeal fails to vest the court with jurisdiction to hear the appeal. Lopez v. State, 18 S.W.3d 637, 639 (Tex. Crim. App. 2000); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex. App.—Houston [1st Dist.] 1999, no pet.).
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.
Do not publish. Tex. R. App. P. 47.2(b).