Opinion
No. 06-08-00154-CR
Date Submitted: July 28, 2008.
Date Decided: July 29, 2008. DO NOT PUBLISH.
On Appeal from the 71st Judicial District Court, Harrison County, Texas, Trial Court No. 08-0038X.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Eric Alvarado appeals from the pretrial determination that he be tried as an adult. According to the judgment in the record before us, his sentence was imposed April 4, 2008. Alvarado filed a motion for new trial May 9, 2008, and his notice of appeal was filed July 3, 2008. According to Rule 21.4, Alvarado had thirty days after the day sentence was imposed to file his motion for new trial. See Tex. R. App. P. 21.4. Because the thirtieth day fell on a Sunday, Alvarado had until the following Monday, May 5, 2008, to file a motion for new trial. See Tex. R. App. P. 4.1. The motion for new trial was filed on May 9 and was thus untimely. Alvarado was thus required to file his notice of appeal within thirty days of the date sentence was imposed. See Tex. R. App. P. 26.2(a)(1). Because the notice of appeal was not filed within thirty days of the date sentence was imposed, this appeal is untimely and we are without jurisdiction to hear this case. See Tex. R. App. P. 21.4, 26.2(a). We dismiss this appeal for want of jurisdiction.
The certificate of service on the motion for new trial is also dated May 9. Therefore, the mailbox rule does not apply. See Tex. R. App. P. 9.2(b).
We note in the clerk's record that Alvarado, on July 3, 2008, along with his notice of appeal, filed a motion to deem the motion for new trial timely. This motion was filed outside the trial court's plenary power and was not ruled on.