Andrew Arthur Fader v. The State of Texas--Appeal from 174th District Court of Harris County

Opinion issued March 24, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00161-CR

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ANDREW ARTHUR FADER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 974186

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Andrew Arthur Fader, and signed a final judgment in this case on August 5, 2004. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was Tuesday, September 7, 2004, because the thirtieth day after sentencing fell on a weekend followed by a Monday holiday. Tex. R. App. P. 4.1(a), 26.2(a)(1).

Appellant filed a notice of appeal on January 26, 2005, more than four months 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.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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