Opinion
No. 01-03-00379-CR
Opinion issued July 1, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 185th District Court, Harris County, Texas, Trial Court Cause No. 773722.
Panel consists of Justices TAFT, JENNINGS, and HANKS.
MEMORANDUM OPINION
This is an appeal from the trial court's denial of appellant's motion for forensic DNA testing of evidence. See Tex. Code Crim. Proc. Ann. arts. 64.01(a), 64.05 (Vernon Pamph. 2004). We dismiss for lack of jurisdiction. The trial court signed its order denying appellant's motion for forensic DNA testing of evidence on February 20, 2003. The deadline for filing a notice of appeal was therefore Monday, March 24, 2003, because the thirtieth day after sentencing fell on a weekend. Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant filed a notice of appeal on April 4, 2003, 11 days after the deadline. Although the notice of appeal was filed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. See Tex.R.App.P. 26.3. 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 therefore dismiss the appeal for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.
We note that appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400 (1967).