Curtis L. Thomas v. State

Opinion issued January 5, 2006 







In The

Court of Appeals

For The

First District of Texas

__________


NO. 01-05-00623-CR

        01-05-00624-CR

____________


CURTIS L. THOMAS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause Nos. 1013419 and 1013420




 

MEMORANDUM OPINION

               We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Curtis L. Thomas, and signed a final judgment in this case on January 19, 2005. Curtis L. Thomas did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was February 18, 2005, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).  

                                                   Curtis L. Thomas filed a pro se notice of appeal on June 17, 2005, 149 days 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); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex. App.—Houston [1st Dist.] 1999, no pet.).

               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 Chief Justice Radack, and Justices Alcala and Bland.

Do not publish.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