Simson Tamayo v. State

Opinion issued May 13, 2004













In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00273-CR

____________


SIMSON TAMAYO, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 872354




 

MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Simson Tamayo, and signed a final judgment in this case on June 2, 2003. Tamayo did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was July 2, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Tamayo filed a notice of appeal on March 8, 2004, more than eight months 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 Alcala and Bland.

Do not publish.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