Garza v. State

Full title: RODOLFO GARZA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 28, 2004

No. 01-04-00896-CR (Tex. App. Oct. 28, 2004)

Opinion

No. 01-04-00896-CR

Opinion issued October 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 892776.

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

MEMORANDUM OPINION

PER CURIAM.

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Rodolfo Garza, and signed a final judgment in this case on March 13, 2002. The deadline for filing a notice of appeal was April 12, 2002, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Garza filed a pro se notice of appeal on August 18, 2004, more than two years 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 appeal for lack of jurisdiction. It is so ORDERED.