Mary Ann McBee v. State

• Court: Court of Appeals of Texas
• Decided: March 8, 2007
• Docket: 01-06-01113-CR
• Status: Published

Opinion

Opinion issued March 8, 2007                                                           

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-01113-CR

MARY ANN MCBEE, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from County Criminal Court at Law No. 13

Harris County, Texas

Trial Court Cause No. 1402111

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MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Mary Ann McBee, and signed a final judgment in this case on October 24, 2006. Appellant did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was November 23, 2006, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

          Appellant filed a notice of appeal on November 27, 2006, four days after the deadline. Although the notice of appeal was filed within the 15-day time period for filing a motion for extension of time to file 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.).

          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, Keyes, and Higley.

Do not publish.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