Opinion
No. 01-09-00092-CR
Opinion issued April 16, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 177th District Court, Harris County, Texas, Trial Court Cause No. 1064265.
Panel consists of Chief Justice RADACK and Justices ALCALA and HANKS.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Demitrias Demond Coleman, and signed a final judgment in this case on July 18, 2006, and therefore the deadline for filing a notice of appeal was August 17, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Because no motion for new trial, motion in arrest of judgment, or notice of appeal was filed, the trial court's judgment also became final 30 days after sentencing. See Tex. R. App. P. See Tex. R. App. P. 4.1(a), 21.4(a), 22.3, 26.2(a). Appellant filed an untimely notice of appeal on February 5, 2009, 900 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.). Neither the trial court nor this Court has authority to grant an out-of-time appeal. The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2008). We therefore dismiss the appeal for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.