Terrence Elliott Richardson v. State

Opinion issued May 6, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00275-CR

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Terrence ElliotT Richardson, Appellant

V.

The State of Texas, Appellee

 

 

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Case No. 1211960

 

 

MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals.  The trial court sentenced appellant, Terrence Elliott Richardson, and signed a final judgment in this case on April 30, 2009.  The deadline for filing notice of appeal was May 30, 2009, 30 days after sentencing.[1]  Because the deadline for filing notice of appeal fell on a Saturday, appellant's notice of appeal was due on Monday, June 1, 2009.  See Tex. R. App. P. 4.1(a), 26.2(a)(1).

          Appellant filed his notice of appeal on March 17, 2010,  289 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 appeals 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 Higley.

Do not publish.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



[1]           The trial court's certification of right of appeal states: I, judge of the trial court, certify this criminal case is a plea-bargain case, and the defendant has no right of appeal.