Fontenot v. State

Full title: EDDRINA CHRISTINE FONTENOT, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 7, 2009

No. 01-09-00089-CR (Tex. App. May. 7, 2009)

Opinion

No. 01-09-00089-CR

Opinion issued May 7, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 183rd District Court Harris County, Texas, Trial Court Cause No. 1133494.

Panel consists of Justices JENNINGS, KEYES, and HIGLEY.

MEMORANDUM OPINION

PER CURIAM.

On September 21, 2007, appellant, Eddrina Christine Fontenot, pleaded guilty with an agreed recommendation from the State to the offense of aggravated assault. The trial court followed the State's recommendation, deferred a finding of guilt, and placed appellant under terms and conditions of community service for three years. During the thirty days following the trial court's order placing appellant on deferred adjudication, no motion for new trial, motion in arrest of judgment, or notice of appeal was filed. See TEX. R. APP. P. 21.4(a), 22.3, 26.2(a). Therefore, the trial court's order became final on Monday, October 22, 2007 because the thirtieth day following the judgment fell on a weekend. See TEX. R. APP. P. 4.1(a). On January 26, 2009, appellant filed in the trial court a document styled "defendant's original pro se notice of appeal" which states in part:

Now comes, the Defendant and pursuant to the provisions of TEX. R. APP. PROC. 25.2 and within 30 days of sentencing having been imposed or suspended in open court or within 90 days of sentencing if a motion for new trial has been filed, and excepts to and desires to appeal form the judgment of guilt, sentence imposed, and other appealable orders and rulings of the trial court, and files this written notice of appeal to the Court of Appeals.

This appeal followed. Appellant's January 26, 2009, notice of appeal was filed 462 days after the October 22, 2007 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.). Accordingly, we dismiss the appeal for lack of jurisdiction. Any pending motions are denied as moot.