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Watkins v. State

Court of Appeals of Texas, First District, Houston
Nov 4, 2004
No. 01-04-00835-CR (Tex. App. Nov. 4, 2004)

Opinion

No. 01-04-00835-CR

November 4, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 263rd District Court Harris County, Texas, Trial Court Cause No. 928921.

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, James Earl Watkins, and signed a final judgment in this case on June 1, 2004. Watkins did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was July 1, 2004, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Watkins filed a pro se notice of appeal on July 21, 2004, 20 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). We therefore dismiss the appeal for lack of jurisdiction.


Summaries of

Watkins v. State

Court of Appeals of Texas, First District, Houston
Nov 4, 2004
No. 01-04-00835-CR (Tex. App. Nov. 4, 2004)
Case details for

Watkins v. State

Case Details

Full title:JAMES EARL WATKINS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 4, 2004

Citations

No. 01-04-00835-CR (Tex. App. Nov. 4, 2004)