Brown v. State

Full title: JOSHUA JOSEPH BROWN, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Feb 5, 2004

No. 01-03-01181-CR (Tex. App. Feb. 5, 2004)

Opinion

No. 01-03-01181-CR.

Opinion issued February 5, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 248th District Court, Harris County, Texas, Trial Court Cause No. 936698.

Panel consists of Justices TAFT, KEYES, and BLAND.

MEMORANDUM OPINION

PER CURIAM.

We lack jurisdiction to hear this appeal. The trial court sentenced appellant Joshua Brown and signed a final judgment in this case on May 21, 2003. Brown did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was June 20, 2003, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Brown filed a notice of appeal on October 8, 2003, more than three months 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). We dismiss the appeal for lack of jurisdiction. It is so ORDERED.