Opinion issued January 25, 2007
In The
Court of Appeals
For The
First District of Texas
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NO. 01-06-00538-CR
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ADRIAN GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 949849
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Adrian Garcia, and signed a final judgment in this case on April 26, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was May 26, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).
Appellant filed a notice of appeal on June 5, 2006, 10 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); 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 Justices Nuchia, Keyes, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).