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Davis v. State

Court of Appeals of Texas, First District, Houston
Apr 17, 2003
Nos. 01-03-00145-CR, 01-03-00146-CR (Tex. App. Apr. 17, 2003)

Opinion

Nos. 01-03-00145-CR, 01-03-00146-CR.

Opinion Issued April 17, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause Nos. 859328 and 859327.

Before Chief Justice RADACK, and Justices NUCHIA and HANKS.


MEMORANDUM OPINION


We are without jurisdiction to entertain these appeals. Appellant was sentenced in both cases on November 21, 2002. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, December 23, 2002, because the thirtieth day after sentencing fell on a weekend. TEX. R. APP. P. 4.1(a), 26.2(a)(1). Notice of appeal in each case was deposited in the mail on February 4, 2003, according to the postmark on the copy of the envelope included in the clerk's record. Because the notices of appeal were mailed after the filing deadline, they did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." See TEX. R. APP. P. 9.2(b). We therefore dismiss the appeals 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). It is so ORDERED.


Summaries of

Davis v. State

Court of Appeals of Texas, First District, Houston
Apr 17, 2003
Nos. 01-03-00145-CR, 01-03-00146-CR (Tex. App. Apr. 17, 2003)
Case details for

Davis v. State

Case Details

Full title:SHAWN PAUL DAVIS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Apr 17, 2003

Citations

Nos. 01-03-00145-CR, 01-03-00146-CR (Tex. App. Apr. 17, 2003)