From Casetext: Smarter Legal Research

Fader v. State

Court of Appeals of Texas, First District, Houston
Mar 24, 2005
No. 01-05-00161-CR (Tex. App. Mar. 24, 2005)

Opinion

No. 01-05-00161-CR

Opinion issued March 24, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 174th District Court, Harris County, Texas, Trial Court Cause No. 974186.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Andrew Arthur Fader, and signed a final judgment in this case on August 5, 2004. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was Tuesday, September 7, 2004, because the thirtieth day after sentencing fell on a weekend followed by a Monday holiday. TEX. R. APP. P. 4.1(a), 26.2(a)(1). Appellant filed a notice of appeal on January 26, 2005, more than 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); 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. It is so ORDERED.


Summaries of

Fader v. State

Court of Appeals of Texas, First District, Houston
Mar 24, 2005
No. 01-05-00161-CR (Tex. App. Mar. 24, 2005)
Case details for

Fader v. State

Case Details

Full title:ANDREW ARTHUR FADER, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 24, 2005

Citations

No. 01-05-00161-CR (Tex. App. Mar. 24, 2005)