Pierre Van Edwards v. State ( 2010 )

Opinion issued September 23, 2010

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-10-00201-CR

NO. 01-10-00202-CR

NO. 01-10-00203-CR

———————————

Pierre Van Edwards, Appellant

V.

The State of Texas, Appellee

On Appeal from the 155th District Court

Waller County, Texas

Trial Court Case Nos. 12245, 11246 and 12510

MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals.  The trial court sentenced appellant, Pierre Van Edwards, and signed a final judgment in this case on September 17, 2009.  Appellant timely filed a motion for new trial, which extended the time to file the notice of appeal to December 16, 2009.  See Tex. R. App. P. 26.3(b).

          Appellant filed his notice of appeal on March 1, 2010, 75 days after the deadline.  Additionally, appellant filed his motion for extension of time to file appeal on July 27, 2010, 146 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).

          We therefore dismiss the appeals for lack of jurisdiction.

          All pending motions are dismissed as moot.

          It is so ORDERED.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Sharp.

Do not publish.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