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Robbins v. State

Court of Appeals of Texas, First District, Houston
Aug 12, 2004
Nos. 01-04-00776-CR, 01-04-00777-CR (Tex. App. Aug. 12, 2004)

Opinion

Nos. 01-04-00776-CR, 01-04-00777-CR

Opinion issued August 12, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause Nos. 933190 and 933549.

Panel consists of Justices NUCHIA, ALCALA, and HIGLEY.


MEMORANDUM OPINION


We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Donald Robbins, and signed its final judgments on January 20, 2004. Robbins did not file a timely motion for new trial, and therefore the deadline for filing a notice of appeal was February 19, 2004, 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Robbins filed his notice of appeal on July 9, 2004, more than four 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 appeals for lack of jurisdiction. It is so ORDERED.

Appellant filed an untimely pro se motion for new trial on July 9, 2004. See TEX. R. APP. P. 21.4.


Summaries of

Robbins v. State

Court of Appeals of Texas, First District, Houston
Aug 12, 2004
Nos. 01-04-00776-CR, 01-04-00777-CR (Tex. App. Aug. 12, 2004)
Case details for

Robbins v. State

Case Details

Full title:DONALD ROBBINS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 12, 2004

Citations

Nos. 01-04-00776-CR, 01-04-00777-CR (Tex. App. Aug. 12, 2004)