Ashley Nichole Williams v. The State of Texas--Appeal from 21st District Court of Washington County

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Opinion issued November 6, 2008 In The Court of Appeals For The First District of Texas ____________ NO. 01-08-00815-CR ____________ ASHLEY NICOLE WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 21st District Court Washington County, Texas Trial Court Cause No. 14978 MEMORANDUM OPINION We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Ashley Nicole Williams, and signed a final judgment in this case on August 12, 2008. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was September 11, 2008, 30 days after sentencing. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on October 1, 2008, 20 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); Strange v. State, 258 S.W.3d 184, 605-06 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d.) (citing 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 Alcala. Do not publish. TEX. R. APP. P. 47.2(b). 2

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