Opinion issued November 18, 2004
In The
Court of Appeals
For The
First District of Texas
____________
NOS. 01-04-01073-CR
01-04-01074-CR
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GUSTAVO FLORES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Cause Nos. 997619 and 928587
MEMORANDUM OPINION
We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Gustavo Flores, and signed its final judgments in these cases on August 19, 2004. Flores did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, September 20, 2004, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).
Flores deposited his notices of appeal in the mail on September 27, 2004, according to the postmark on the envelope included in the clerk’s records. Because the notices of appeal were mailed seven days after the filing deadline, they did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the “mailbox rule.” See Tex. R. App. P. 9.2(b). Although the notices of appeal were mailed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. See Tex. R. App. P. 26.3.
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 appeals for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.
Do not publish. Tex. R. App. P. 47.2(b).