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Ervin v. State

Court of Appeals of Texas, First District, Houston
May 6, 2004
Nos. 01-04-00115-CR, 01-04-00116-CR (Tex. App. May. 6, 2004)

Opinion

Nos. 01-04-00115-CR, 01-04-00116-CR.

Opinion issued May 6, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 253rd District Court, Chambers County, Texas, Trial Court Cause Nos. 12344 and 12345.

Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.


MEMORANDUM OPINION


We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Jerry Larone Ervin, on August 25, 2003. Ervin did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 24, 2003, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Ervin filed a notice of appeal on January 26, 2004, four 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 therefore dismiss the appeals for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.


Summaries of

Ervin v. State

Court of Appeals of Texas, First District, Houston
May 6, 2004
Nos. 01-04-00115-CR, 01-04-00116-CR (Tex. App. May. 6, 2004)
Case details for

Ervin v. State

Case Details

Full title:JERRY LARONE ERVIN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 6, 2004

Citations

Nos. 01-04-00115-CR, 01-04-00116-CR (Tex. App. May. 6, 2004)