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Jacob v. State

Court of Appeals of Texas, First District, Houston
Apr 13, 2006
No. 01-06-00273-CR (Tex. App. Apr. 13, 2006)

Opinion

No. 01-06-00273-CR

Opinion to issue April 13, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause No. 1040169.

Panel consists of Justices TAFT, HIGLEY and BLAND.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Lakendrick Earl Jacobs, and signed a final judgment in this case on November 10, 2005. Lakendrick Earl Jacobs did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was December 10, 2005, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1) and therefore the deadline for filing notice of appeal was Monday, December 12, 2006, because the thirtieth day after sentencing fell on a weekend . Tex.R.App.P. 4.1(a), 26.2(a)(1). Lakendrick Earl Jacobs filed a notice of appeal on March 21, 2006, 99 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

Jacob v. State

Court of Appeals of Texas, First District, Houston
Apr 13, 2006
No. 01-06-00273-CR (Tex. App. Apr. 13, 2006)
Case details for

Jacob v. State

Case Details

Full title:LAKENDRICK EARL JACOB, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 13, 2006

Citations

No. 01-06-00273-CR (Tex. App. Apr. 13, 2006)