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Williams v. State

Court of Appeals of Texas, First District, Houston
Nov 6, 2008
No. 01-08-00815-CR (Tex. App. Nov. 6, 2008)

Opinion

No. 01-08-00815-CR

Opinion issued November 6, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 21st District Court Washington County, Texas, Trial Court Cause No. 14978.

Panel consists of Justices TAFT, KEYES, and ALCALA.



MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Ashley Nicole Williams, and signed a final judgment in this case on August 12, 2008. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 11, 2008, 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on October 1, 2008, 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); Strange v. State, 258 S.W.3d 184, 605-06 (Tex.App.-Houston [1st Dist.] 2007, pet. ref'd.) (citing 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

Williams v. State

Court of Appeals of Texas, First District, Houston
Nov 6, 2008
No. 01-08-00815-CR (Tex. App. Nov. 6, 2008)
Case details for

Williams v. State

Case Details

Full title:ASHLEY NICOLE WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 6, 2008

Citations

No. 01-08-00815-CR (Tex. App. Nov. 6, 2008)