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Gage v. State

Court of Appeals of Texas, First District, Houston
Aug 24, 2006
No. 01-06-00687-CR (Tex. App. Aug. 24, 2006)

Opinion

No. 01-06-00687-CR

Opinion issued August 24, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause No. 1023222.

Panel consists of Justices RADACK, TAFT, and NUCHIA.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, John Ezra Gage, and signed a final judgment in this case on April 24, 2006. John Ezra Gage did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was May 26, 2006, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). John Ezra Gage filed a notice of appeal on July 12, 2006, 47 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 appeal for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.


Summaries of

Gage v. State

Court of Appeals of Texas, First District, Houston
Aug 24, 2006
No. 01-06-00687-CR (Tex. App. Aug. 24, 2006)
Case details for

Gage v. State

Case Details

Full title:JOHN EZRA GAGE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 24, 2006

Citations

No. 01-06-00687-CR (Tex. App. Aug. 24, 2006)