Opinion issued June 3, 2004
In The
Court of Appeals
For The
First District of Texas
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NO. 01-04-00457-CR
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WILLIE ANTHONY WRIGHT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court
Harris County, Texas
Trial Court Cause No. 958009
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Willie Anthony Wright, and signed a final judgment in this case on February 10, 2004. Wright did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was March 11, 2004, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).
Wright filed a motion for extension of time to file notice of appeal in the trial court on April 5, 2004, and a notice of appeal on April 7, 2004. The motion for extension of time was ineffective for two reasons. First, it was late because it was filed after March 26, 2004, the fifteenth day after the deadline for filing a notice of appeal. Second, it was filed in the trial court, rather than in the appellate court. Rule 26.3 of the Rules of Appellate Procedure reads:
The appellate court may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party:
(a)files in the trial court the notice of appeal; and
(b)files in the appellate court a motion complying with Rule 10.5(b).
Tex. R. App. P. 26.3.
Appellant’s notice of appeal was filed 27 days after the March 11, 2004 deadline and was therefore untimely. 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.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).