Opinion
No. 01-09-00869-CR
Opinion issued April 1, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Case No. 1110368.
Panel consists of Chief RADACK, and Justices ALCALA and HIGLEY.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Calvin Demond Reed, and signed a final judgment in this case on January 15, 2009. Appellant did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, February 16, 2009, because the thirtieth day after sentencing fell on a weekend. TEX. R. APP. P. 4.1(a)(1). Appellant filed a notice of appeal on September 25, 2009, 221 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. Any pending motions are denied as moot.