Opinion
No. 01-05-00071-CR
Opinion Issued March 17, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause No. 1002164.
Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of unlawful possession of a firearm and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for three years on December 8, 2004. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was January 7, 2005, 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Notice of appeal was deposited in the mail on January 10, 2005, according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." See TEX. R. APP. P. 9.2(b). 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.