Opinion
No. 01-03-00103-CR.
Opinion Issued March 27, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
Appeal from the 240th District Court, Fort Bend County, Texas, Trial Court Cause No. 28,573.
Before Chief Justice RADACK, and Justices NUCHIA and HANKS.
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant's motion for the forensic DNA testing of evidence was denied by the trial court on November 25, 2002. The deadline for filing notice of appeal was therefore Thursday, December 26, 2002, because the thirtieth day after sentencing fell on Christmas Day, a holiday. Tex. R. App. P. 4.1(a), 26.2(a)(1). Notice of appeal was filed on January 27, 2003, 32 days after the deadline. We therefore dismiss the appeal for lack of jurisdiction. 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). All pending motions are denied as moot. It is so ORDERED.