Isaac Joel Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: November 29, 2007
• Docket: 01-07-00930-CR
• Status: Published

Opinion

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-07-00930-CR

01-07-00931-CR

ISAAC JOEL HERNANDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause Nos. 1108363 and 1108362

MEMORANDUM OPINION

We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Isaac Joel Hernandez, and signed a final judgment in cause numbers 110863 and 1108362 on September 18, 2007. Appellant did not file a motion for new trial; therefore, the deadline for filing a notice of appeal was October 18, 2007, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Appellant filed a notice of appeal in each case on October 22, 2007, four days after the deadline. The notices were deposited in the mail on October 19, 2007 as per the postmark on the copy of the envelope included in the clerk's record. Because the notices were mailed after the filing deadline, they did not comply with the "mailbox rule." See Tex. R. App. P. 9.2(b). Although the notices were filed within the 15-day time period for filing a motion for extension of time to file a notice of appeal, no such motion for extension of time was filed. See Tex. R. App. P. 26.3.

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.).

Accordingly, we dismiss the appeals in cause number 1108363 and in cause number 1198362 for lack of jurisdiction.

We dismiss as moot any pending motions.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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