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Torres v. State

Court of Appeals of Texas, First District, Houston
May 22, 2008
No. 01-08-00356-CR (Tex. App. May. 22, 2008)

Opinion

No. 01-08-00356-CR

Opinion Delivered May 22, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 337th District Court Harris County, Texas, Trial Court Cause No. 1124401.

Panel consists of Justices TAFT, JENNINGS, and BLAAND.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Ralph Torres, and signed a final judgment in cause number 1124401on March 12, 2008. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was April 11, 2008, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Appellant filed a notice of appeal on April 28, 2008, 17 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.). Accordingly, we dismiss the appeal in cause number 1124401 for lack of jurisdiction. We dismiss as moot any pending motions. it is so ORDERED.


Summaries of

Torres v. State

Court of Appeals of Texas, First District, Houston
May 22, 2008
No. 01-08-00356-CR (Tex. App. May. 22, 2008)
Case details for

Torres v. State

Case Details

Full title:RALPH TORRES, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 22, 2008

Citations

No. 01-08-00356-CR (Tex. App. May. 22, 2008)