Opinion issued July 1, 2004
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00379-CR
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LOUIS CHARLES SOLIZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court
Harris County, Texas
Trial Court Cause No. 773722
MEMORANDUM OPINION
This is an appeal from the trial court’s denial of appellant’s motion for forensic DNA testing of evidence. See Tex. Code Crim. Proc. Ann. arts. 64.01(a), 64.05 (Vernon Pamph. 2004). We dismiss for lack of jurisdiction.
The trial court signed its order denying appellant’s motion for forensic DNA testing of evidence on February 20, 2003. The deadline for filing a notice of appeal was therefore Monday, March 24, 2003, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).
Appellant filed a notice of appeal on April 4, 2003, 11 days after the deadline. Although the notice of appeal was filed 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).
We therefore dismiss the appeal for lack of jurisdiction.
All pending motions are denied as moot.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).