Opinion
No. 01-02-00948-CR, No. 01-02-00949-CR
Opinion issued June 19, 2003 Do not publish. Tex.R.App.P. 47.
On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause Nos. 896456 896457
Panel consists of Justices HEDGES, NUCHIA, and KEYES.
MEMORANDUM OPINION
Cesar Guadalupe Rodriguez, appellant, was charged with committing two felony offenses of aggravated sexual assault. Appellant pled guilty on both offenses. The court ordered a pre-sentence investigation and held a hearing for the purpose of assessing appellant's punishment. The court assessed appellant's punishment on both cases at 10 years confinement. We dismiss for lack of jurisdiction. Appellant was sentenced on July 18, 2002. Appellant filed a pro senotice of appeal, and did not file a motion for new trial. Texas rule of appellate procedure 26.2(a) provides that when no motion for new trial has been filed, the notice of appeal must be filed within 30 days after the day sentence is imposed. Tex.R.App.P. 26.2(a) Texas rule of appellate procedure 9.2(b) provides that a mailed document is timely filed if it is deposited in the mail on or before the last day for filing. A legible postmark affixed by the United States Postal Service will be considered conclusive proof of the date of mailing. See Tex.R.App.P. 9.2(b)(2)(A). The record shows that the notice of appeal was postmarked on August 20, 2002 and filed on August 22, 2002. Therefore appellant's notice of appeal was untimely filed and we do not have jurisdiction to consider his appeal.