Opinion
No. 01-03-01089-CR
Opinion issued November 13, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 338th District Court, Harris County, Texas, Trial Court Cause No. 926105.
Panel consists of Justices HEDGES, NUCHIA, and HIGLEY.
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on August 25, 2003. No motion for new trial was filed. The deadline for filing notice of appeal was therefore September 24, 2003, 30 days after sentencing. SeeTex.R.App.P. 26.2(a)(1). Notice of appeal was deposited in the mail on October 8, 2003, according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." SeeTex.R.App.P. 9.2(b). Although the notice of appeal was mailed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. SeeTex.R.App.P. 26.3. 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). It is so ORDERED.