Opinion issued April 1, 2010

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-09-00869-CR

———————————

CALVIN DEMOND REED, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court  

 Harris County, Texas

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  The trial court sentenced appellant, Calvin Demond Reed, and signed a final judgment in this case on January 15, 2009.  Appellant did not file a motion for new trial, and therefore the deadline for

filing notice of appeal was Monday, February 16, 2009, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a)(1).

          Appellant filed a notice of appeal on September 25, 2009, 221 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 appeal for lack of jurisdiction.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Radack, and Justices Alcala and Higley.

Do not publish.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