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Pena v. State

Court of Appeals of Texas, First District, Houston
May 6, 2004
Nos. 01-04-00198-CR, 01-04-00199-CR (Tex. App. May. 6, 2004)

Opinion

Nos. 01-04-00198-CR, 01-04-00199-CR.

Opinion issued May 6, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause Nos. 933803 and 933804.

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


MEMORANDUM OPINION


We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Oscar Benitez Pena, in these cases on August 1, 2003. Pena did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, September 1, 2003, because the thirtieth day after sentencing fell on a weekend. Tex.R.App.P. 4.1(a), 26.2(a)(1). Pena mailed his notice of appeal in cause number 933804 on January 6, 2004, more than four months after the deadline, according to the postmark on the envelope in which he mailed it. See Tex.R.App.P. 9.2(b). He mailed his notice of appeal in cause number 933803 a month later on February 9, 2004. Both notices of appeal were therefore untimely. 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 appeals for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.


Summaries of

Pena v. State

Court of Appeals of Texas, First District, Houston
May 6, 2004
Nos. 01-04-00198-CR, 01-04-00199-CR (Tex. App. May. 6, 2004)
Case details for

Pena v. State

Case Details

Full title:OSCAR BENITEZ PENA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 6, 2004

Citations

Nos. 01-04-00198-CR, 01-04-00199-CR (Tex. App. May. 6, 2004)