Opinion
Nos. 01-10-00129-CR, 01-10-00130-CR, 01-10-00131-CR
Opinion issued April 29, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 268th District Court, Fort Bend County, Texas, Trial Court Case No. 52683, 52684, 52685.
Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.
MEMORANDUM OPINION
We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Andres Gilberto Flores, and signed a final judgment in this case on November 16, 2009. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was December 16, 2009, 30 days after sentencing. TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on January 27, 2010, 42 days 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 appeals for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.