Felix Rivera Perez v. The State of Texas--Appeal from 232nd District Court of Harris County
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Opinion issued September 25, 2008 In The Court of Appeals For The First District of Texas ___________ NO. 01-08-00146-CR ___________ FELIX RIVERA PEREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 1009918 MEMORANDUM OPINION The State has filed a motion to dismiss the above-referenced appeal for lack of jurisdiction. The record reflects that the trial court sentenced appellant, Felix Rivera Perez, and signed a final judgment in trial court cause number 1009918 on March 24, 2006. Appellant did not file a motion for new trial; therefore, the deadline for filing a notice of appeal was April 24, 2006, 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a pro se notice of appeal on February 28, 2008, 706 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.). Accordingly, the State s motion to dismiss is granted. We dismiss the appeal for lack of jurisdiction. Any pending motions are denied as moot. It is so ORDERED. PER CURIAM Panel consists of Chief Justice Radack, and Justices Nuchia and Higley. Do not publish. TEX. R. APP. P. 47.2(b).
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