John Ezra Gage v. The State of Texas--Appeal from 337th District Court of Harris County

Opinion issued August 24, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00687-CR

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JOHN EZRA GAGE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1023222

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, John Ezra Gage, and signed a final judgment in this case on April 24, 2006. John Ezra Gage 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).

John Ezra Gage filed a notice of appeal on July 12, 2006, 47 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 Justices Radack, Taft, and Nuchia.

Do not publish.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