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Saavedra v. State

Court of Appeals of Texas, First District, Houston
Dec 22, 2005
No. 01-05-01097-CR (Tex. App. Dec. 22, 2005)

Opinion

No. 01-05-01097-CR

Opinion issued December 22, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause No. 935972.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Hector Martinez Saavedra, and signed a final judgment in this case on September 27, 2005. Appellant Saavedradid not file a motion for new trial, and therefore the deadline for filing a notice of appeal was October 27, 2005, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Appellant Saavedra filed a notice of appeal on November 7, 2005, 11 days after the deadline. Notice of appeal was deposited in the mail on November 3, 2005, according to the postmark on the copy of the envelope included in the clerk's record. 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); 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. All pending motions are denied as moot. It is so ORDERED.

We note that the trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, Nos. PD-1963-03, PD-1964-03, PD-1965-03, slip op. 9 (Tex.Crim.App. Jan. 26, 2005). We also note that appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.).


Summaries of

Saavedra v. State

Court of Appeals of Texas, First District, Houston
Dec 22, 2005
No. 01-05-01097-CR (Tex. App. Dec. 22, 2005)
Case details for

Saavedra v. State

Case Details

Full title:HECTOR MARTINEZ SAAVEDRA, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 22, 2005

Citations

No. 01-05-01097-CR (Tex. App. Dec. 22, 2005)