Opinion

Joshua Joseph Brown v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 5, 2004
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued February 5, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-01181-CR

____________

JOSHUA JOSEPH BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 936698

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant

Joshua Brown and signed a final judgment in this case on May 21, 2003. Brown did

not file a motion for new trial, and therefore the deadline for filing a notice of appeal

was June 20, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Brown filed a notice of appeal on October 8, 2003, more than three months

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 dismiss the appeal for lack of jurisdiction.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Bland.

Do not publish.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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.