Opinion
No. 01-07-00018-CR.
Opinion issued February 1, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 831544.
Panel consists of Justices TAFT, ALCALA, and HANKS.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, James Tetzel Braxton, Jr. and signed a final judgment in this case on November 17, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, December 18, 2006, because the thirtieth day after sentencing fell on a weekend/holiday. Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant filed a notice of appeal on December 28, 2006,10 days after the deadline. Notice of appeal was deposited in the mail on December 27, 2006, 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). 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); 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.