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Weathers v. State

Court of Appeals of Texas, First District, Houston
Nov 6, 2003
No. 01-03-01069-CR (Tex. App. Nov. 6, 2003)

Opinion

No. 01-03-01069-CR

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 DO NOT PUBLISH.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

On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 873633.

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 13, 2002. The deadline for filing notice of appeal was September 12, 2002, 30 days later. SeeTex.R.App.P. 26.2(a)(1). Notice of appeal was deposited in the mail on September 29, 2003, according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed more than one year 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). 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.


Summaries of

Weathers v. State

Court of Appeals of Texas, First District, Houston
Nov 6, 2003
No. 01-03-01069-CR (Tex. App. Nov. 6, 2003)
Case details for

Weathers v. State

Case Details

Full title:MARCELLO JACOBS WEATHERS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 6, 2003

Citations

No. 01-03-01069-CR (Tex. App. Nov. 6, 2003)