Lynn Ivan Williams v. The State of Texas--Appeal from 262nd District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-04-01078-CR

Case Date: 12/02/2004

Plaintiff: Salley, Laurie Lee

Defendant: The State of Texas--Appeal from 212th District Court of Galveston County

Preview:Lynn Ivan Williams v. The State of Texas--Appeal from 262nd District Court of Harris County
/**/ Opinion issued December 2, 2004

In The Court of Appeals For The First District of Texas ____________

NO. 01-04-01078-CR ____________

LYNN IVAN WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court Harris County, Texas Trial Court Cause No. 964765

MEMORANDUM OPINION We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Lynn Ivan Williams, and signed a final judgment in this case on August 24, 2004. Williams did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 23, 2004, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Williams filed his notice of appeal on Monday, October 11, 2004.

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The deadline for filing a motion for extension of time to file notice of appeal was Monday, October 11, 2004, because the fifteenth day after sentencing fell on Saturday, October 9, 2004. See Tex. R. App. P. 4.1(a), 26.3. However, no motion for extension of time was filed in this Court. 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. PER CURIAM Panel consists of Justices Nuchia, Hanks, and Higley. Do not publish. Tex. R. App. P. 47.2(b).

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