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Smith v. State

Court of Appeals of Texas, First District, Houston
Nov 6, 2003
No. 01-03-01087-CR (Tex. App. Nov. 6, 2003)

Opinion

No. 01-03-01087-CR

November 6, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 174th District Court, Harris County, Texas, Trial Court Cause No. 843187.

Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.


MEMORANDUM OPINION


We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on August 27, 2003. No motion for new trial was filed. The deadline for filing notice of appeal was therefore September 26, 2003, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Notice of appeal was filed on October 8, 2003, 12 days after the deadline. Although the notice of appeal was filed 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. See Tex.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).


Summaries of

Smith v. State

Court of Appeals of Texas, First District, Houston
Nov 6, 2003
No. 01-03-01087-CR (Tex. App. Nov. 6, 2003)
Case details for

Smith v. State

Case Details

Full title:RONALD SCOTT SMITH, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 6, 2003

Citations

No. 01-03-01087-CR (Tex. App. Nov. 6, 2003)