Candy Lopez v. State ( 2003 )

Opinion issued November 13, 2003

    In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-01089-CR

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CANDY LOPEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 926105

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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. See Tex. 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.” See Tex. 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. 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).

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Hedges, Nuchia, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).