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Richardson v. State

Court of Appeals of Texas, First District, Houston
May 6, 2010
No. 01-10-00275-CR (Tex. App. May. 6, 2010)

Opinion

No. 01-10-00275-CR

Opinion issued May 6, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 248th District Court Harris County, Texas, Trial Court Case No. 1211960.

Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.


MEMORANDUM OPINION


We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Terrence Elliott Richardson, and signed a final judgment in this case on April 30, 2009. The deadline for filing notice of appeal was May 30, 2009, 30 days after sentencing. Because the deadline for filing notice of appeal fell on a Saturday, appellant's notice of appeal was due on Monday, June 1, 2009. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant filed his notice of appeal on March 17, 2010, 289 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 appeals for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.

The trial court's certification of right of appeal states: I, judge of the trial court, certify this criminal case is a plea-bargain case, and the defendant has no right of appeal.


Summaries of

Richardson v. State

Court of Appeals of Texas, First District, Houston
May 6, 2010
No. 01-10-00275-CR (Tex. App. May. 6, 2010)
Case details for

Richardson v. State

Case Details

Full title:TERRENCE ELLIOTT RICHARDSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 6, 2010

Citations

No. 01-10-00275-CR (Tex. App. May. 6, 2010)