Roderick Lashawn Williams v. The State of Texas--Appeal from 174th District Court of Harris County

Opinion issued September 7, 2006 :

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00746-CR

____________

RODERICK LASHAWN WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1015250

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Roderick Lashawn Williams, and signed a final judgment in this case on January 12, 2006. Roderick Lashawn Williams did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was February 13, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Roderick Lashawn Williams filed a notice of appeal on July 31, 2006, 168 days after the deadline. Notice of appeal was deposited in the mail on July 27, 2006, according to the postmark on the copy of the envelope included in the clerk s record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the mailbox rule. See Tex. R. App. P. 9.2(b).

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 Keyes, Alcala, and Bland.

Do not publish.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