Charleston Clark Singletary v. State

• Court: Court of Appeals of Texas
• Decided: May 6, 2010
• Docket: 01-09-00144-CR
• Status: Published

Opinion

Opinion issued May 6, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00144-CR

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Charleston Clark Singletary, Appellant

V.

The State of Texas, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Case No. 1156595

 MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  The trial court sentenced appellant, Charleston Clark Singletary, and signed an order deferring adjudication of guilt and placing him on community supervision in this case on August 19, 2008. Appellant's deadline for filing a notice of appeal was September 18, 2008, 30 days after sentencing.  See Tex. R. App. P. 26.2(a)(1).   The trial court has not adjudicated guilt in this case, and appellant remains on community supervision.

          Appellant filed a pro se notice of appeal on February 6, 2009, 171 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.CHouston [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 Jennings, Hanks, and Bland.

Do not publish.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