Tyrone Lloyd Frazier v. The State of Texas--Appeal from 177th District Court of Harris County

Opinion issued September 21, 2006

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-06-00768-CR

01-06-00769-CR

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TYRONE LLOYD FRAZIER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause Nos. 1023438 and 1023440

MEMORANDUM OPINION

We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Tyrone Lloyd Frazier, and signed a final judgment in each case on April 27, 2006. Because appellant did not file a motion for new trial in either case, the deadline for filing notices of appeal was 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Because this deadline fell on a Saturday, May 27, and the next business day, May 29, was a holiday, the actual deadline for filing the notices of appeal was May 30, 2006. See Tex. R. App. P. 4.1(a), 26.2(a)(1).

Appellant filed a notice of appeal in each case on June 6, 2006, seven days after the deadline. The notices of appeal were deposited in the United States mail on June 2, 2006, according to the postmark on the copy of the envelope included in the clerk s record. Because the notices of appeal were mailed after the filing deadline, they did not comply with the mailbox rule. See Tex. R. App. P. 9.2(b). Although the notices of appeal were filed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motions for extension of time were filed. See Tex. R. App. P. 26.3.

An untimely notice of appeal fails to vest an 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 also note, that the trial court s certification of appellant s right to appeal in each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the certifications. We must dismiss an appeal if the trial court s certification shows there is no right to appeal. See Tex. R. App. P. 25.2(d). In addition, appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App. Houston [1st Dist.] 2001, 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 Justices Nuchia, Jennings, and Higley.

Do not publish.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