Ernest William Taylor II v. State

• Court: Court of Appeals of Texas
• Decided: December 1, 2005
• Docket: 01-05-01044-CR
• Status: Published

Opinion

Opinion issued December 1, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-05-01044-CR

          01-05-01045-CR

ERNEST WILLIAM TAYLOR, II, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause Nos. 989866 and 1015988

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MEMORANDUM OPINION

               We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Ernest William Taylor, II, and signed a final judgment in each case on July 29, 2005, and therefore the deadline for filing notice of appeal was Monday, 29, 2005, because the thirtieth day after sentencing fell on a weekend/holiday. Tex. R. App. P. 4.1(a), 26.2(a)(1).

                 Taylor filed an untimely motion for new trial in each case on November 2, 2005. A motion for new trial that is filed more than 30 days after sentencing does not extend the time for filing the notice of appeal. Mendez v. State, 914 S.W.2d 579, 580 (Tex. Crim. App. 1996).

                Appellant filed a pro se notice of appeal on November 2, 2005, 65 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.

               All pending motions are denied as moot.

               It is so ORDERED.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish.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