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Russell v. State

Court of Appeals of Texas, First District, Houston
May 1, 2008
No. 01-07-01071-CR (Tex. App. May. 1, 2008)

Opinion

No. 01-07-01071-CR

May 1, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 338th District Court Harris County, Texas, Trial Court Cause No. 1132134.

Panel consists of Justices TAFT, KEYES, and ALCALA.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. Appellant, Delisa Marie Russell, pleaded guilty to the offense of assault on a public servant and, in accordance with her plea bargain agreement with the State the trial court sentenced her to confinement for two years. On October 31, 2007, the trial court signed a final judgment in this case. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Because the thirtieth day after sentencing fell on a weekend, the deadline for filing notice of appeal was Monday, November 1, 2007. See TEX. R. APP. P. 4.1(a), 26.2(a)(1). Appellant filed a pro se notice of appeal on December 5, 2007, four days after the deadline. Although the notice of appeal was filed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. See TEX. R. APP. P. 26.3. 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); 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.

Appellant filed a pro se document with this Court stating that she wanted "to cancel her appeal." Because the document is not signed by appellant, it does not comply with the requirements for a motion to dismiss an appeal as set out in Rule 42.2(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a).


Summaries of

Russell v. State

Court of Appeals of Texas, First District, Houston
May 1, 2008
No. 01-07-01071-CR (Tex. App. May. 1, 2008)
Case details for

Russell v. State

Case Details

Full title:DELISA MARIE RUSSELL, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 1, 2008

Citations

No. 01-07-01071-CR (Tex. App. May. 1, 2008)