Harris v. State

Full title: RENEE HARRIS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 28, 2004

No. 01-04-00962-CR (Tex. App. Oct. 28, 2004)

Opinion

No. 01-04-00962-CR

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 DO NOT PUBLISH.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

On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 956853.

Panel consists of Justices TAFT, JENNINGS, and BLAND.

MEMORANDUM OPINION

PER CURIAM.

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Renee Harris, and signed a final judgment in this case on March 25, 2004. Harris did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, April 26, 2004, because the thirtieth day after sentencing fell on a weekend. TEX. R. APP. P. 4.1(a), 26.2(a)(1). Harris filed a notice of appeal on August 13, 2004, more than three 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). We therefore dismiss the appeal for lack of jurisdiction.