Joshua Joseph Brown v. State

Opinion issued February 5, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-01181-CR

____________


JOSHUA JOSEPH BROWN, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 936698




 

MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant Joshua Brown and signed a final judgment in this case on May 21, 2003. Brown did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was June 20, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Brown filed a notice of appeal on October 8, 2003, more than three 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 dismiss the appeal for lack of jurisdiction.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Bland.

Do not publish.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