Alex Wade v. State ( 2010 )

Opinion issued September 23, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00463-CR

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ALEX WADE, Appellant

V.

The State of Texas, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Case No. 1222385

MEMORANDUM OPINION

              We lack jurisdiction to hear this appeal.  The trial court sentenced appellant, Alex Wade, and signed a final judgment in this case on February 3, 2010.  Appellant timely filed a motion for new trial, and therefore the deadline for filing a notice of appeal was May 4, 2010, 90 days after sentencing. 

              Appellant filed a notice of appeal on May 28, 2010, 114 days after the day sentence imposed, and 24 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 appeals 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 Massengale.

Do not publish.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