Opinion
No. 01-04-00975-CR
Opinion October 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause No. 959146.
Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Rene Serna, and signed a final judgment in this case on June 21, 2004. Serna did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was July 21, 2004, 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Serna's pro se notice of appeal was deposited in the mail on July 22, 2004, according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." See Tex.R.App.P. 9.2(b). 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.