Opinion
No. 01-04-00273-CR.
Opinion issued May 13, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 872354.
Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Simson Tamayo, and signed a final judgment in this case on June 2, 2003. Tamayo did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was July 2, 2003, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Tamayo filed a notice of appeal on March 8, 2004, more than eight 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 appeal for lack of jurisdiction. It is so ORDERED.