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Stewart v. State

Court of Appeals of Texas, First District, Houston
Dec 14, 2006
No. 01-06-01047-CR (Tex. App. Dec. 14, 2006)

Opinion

No. 01-06-01047-CR

Opinion issued December 14, 2006. Do not publish. Tex. R. App. P. 47.2(b).

On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause No. 1055349.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Kavota Carl Stewart, and signed a final judgment in this case on August 21, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 20, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Appellant filed a notice of appeal on November 6, 2006, 47 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 appeal for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.


Summaries of

Stewart v. State

Court of Appeals of Texas, First District, Houston
Dec 14, 2006
No. 01-06-01047-CR (Tex. App. Dec. 14, 2006)
Case details for

Stewart v. State

Case Details

Full title:KAVOTA CARL STEWART, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 14, 2006

Citations

No. 01-06-01047-CR (Tex. App. Dec. 14, 2006)