Opinion issued July 21, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00243-CR

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PRUDENCIO VAZQUEZ PEREZ, Appellant

V.

The State of Texas, Appellee

On Appeal from the 209th District Court

Harris County, Texas

MEMORANDUM OPINION

              We lack jurisdiction to hear this appeal.  The trial court sentenced appellant, Prudencio Vazquez Perez, and signed a final judgment in this case on November 4, 2005.  Appellant timely filed a notice of appeal on November 4, 2005, which was heard in this Court under cause number 01-05-01040-CR on March 1, 2007.  The trial court’s judgment was affirmed, and mandate subsequently issued April 1, 2009.

              A motion for rehearing may be filed within 15 days after the court of appeals’ judgment or order is rendered.  Tex. R. App. P. 49.1.  Appellant did not file a motion for rehearing by the March 16, 2007 deadline.   Instead, Appellant filed a second notice of appeal on March 15, 2010.  An untimely notice of appeal or an untimely motion for rehearing 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.); see Tex. R. App. P. 49.1. 

              We therefore dismiss the appeal for lack of jurisdiction.

              We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.

Do not publish.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