DonJuan Charles Orr v. State

• Court: Court of Appeals of Texas
• Decided: May 10, 2007
• Docket: 01-07-00286-CR
• Status: Published

Opinion

Opinion issued May 10, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00286-CR

DONJUAN CHARLES ORR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1057884

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court deferred a finding of guilt and placed appellant, Don Juan Charles Orr, on terms and conditions of community service on December 6, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was January 30, 2007, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Appellant filed a pro se notice of appeal on March 21, 2007, 75days 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.

All pending motions are denied as moot.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Hanks.

Do not publish.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