Jose Angel Ramirez v. State

• Court: Court of Appeals of Texas
• Decided: September 6, 2007
• Docket: 01-07-00335-CR
• Status: Published

Opinion

Opinion issued September 6, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00335-CR

JOSE ANGEL RAMIREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1060690

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Jose Angel Ramirez, and signed a final judgment in this case on January 25, 2007. Appellant did not file a motion for new trial, and therefore the deadline for filing notice of appeal was Monday, February 26, 2007, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

Appellant filed a notice of appeal on March 22, 2007, 22 days after the deadline. Notice of appeal was deposited in the mail on March 19, 2007, according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." See Tex. R. App. P. 9.2(b).

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 Nuchia, Hanks, and Bland.

Do not publish.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