Leroy Larae Singleton Jr. v. The State of Texas--Appeal from 262nd District Court of Harris County

Opinion issued July 26, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-01089-CR

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LEROY LARAE SINGLETON, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 9402638

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. Appellant, Leroy Larae Singleton , Jr., filed a motion for post-conviction DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon 2006). The trial judge signed the order denying the motion on June 29, 2006, and the deadline for filing notice of appeal was Monday, July 31, 2006 because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant filed a notice of appeal on November 21, 2006, 113 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.).

We therefore dismiss the appeal for lack of jurisdiction.

We deny as moot any pending motions.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Jennings and Alcala.

Do not publish.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