Rodolfo Garza v. State

Opinion issued October 28, 2004













In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00896-CR

____________


RODOLFO GARZA, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 892776




 

MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Rodolfo Garza, and signed a final judgment in this case on March 13, 2002. The deadline for filing a notice of appeal was April 12, 2002, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Garza filed a pro se notice of appeal on August 18, 2004, more than two years 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.

               It is so ORDERED.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).