Barry Michael Sullivan v. The State of Texas--Appeal from 339th District Court of Harris County

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00071-CR

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BARRY MICHAEL SULLIVAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1002164

MEMORANDUM OPINION

Appellant pleaded guilty to the offense of unlawful possession of a firearm and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for three years on December 8, 2004. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was January 7, 2005, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Notice of appeal was deposited in the mail on January 10, 2005, 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.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.

Do not publish.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