Raymond Malveaux v. The State of Texas--Appeal from 185th District Court of Harris County

Opinion Issued September 22, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00507-CR

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RAYMOND MALVEAUX, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 974910

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Raymond Malveaux, and signed a final judgment in this case on November 4, 2004. Appellant did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, December 6, 2004, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).]

Appellant Malveaux filed a notice of appeal on May 12, 2005, 157 days after the deadline. Notice of appeal was deposited in the mail on May 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.

All pending motions are denied as moot.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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