Opinion issued March 11, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00120-CR

____________

CARL EARL PICKROM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 950508

MEMORANDUM OPINION

               We lack jurisdiction to hear this appeal. The trial court sentenced appellant Carl Earl Pickrom and signed a final judgment in this case on October 8, 2003. Pickrom did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was November 7, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Pickrom filed a notice of appeal on January 21, 2004, 75 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 appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

Do not publish.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