Ashley Nichole Williams v. State

• Court: Court of Appeals of Texas
• Decided: November 6, 2008
• Docket: 01-08-00815-CR
• Status: Published

Opinion

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

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On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 14978

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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Do not publish.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).