Joseph Ralph Masterson v. State ( 2003 )


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  •   Opinion issued April 10, 2003



















    In The

    Court of Appeals

    For The

    First District of Texas

    ____________



    NOS. 01-03-00151-CR

    01-03-00152-CR

    01-03-00153-CR

    ____________



    JOSEPH RALPH MASTERSON, Appellant



    V.



    THE STATE OF TEXAS, Appellee


    On Appeal from the 337th District Court

    Harris County, Texas

    Trial Court Cause Nos. 926959, 927731, and 927732




    MEMORANDUM OPINION

    We are without jurisdiction to entertain these appeals. Appellant was sentenced in these cases on December 6, 2002. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, January 6, 2003, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

    Notice of appeal was deposited in the mail on February 5, 2003, according to the postmark on the copy of the envelope included in the clerk's record. Because the notices of appeal were mailed after the filing deadline, they 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).  

    We also note that these were plea-bargained cases and, according to the trial court's certifications of the right to appeal, appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2).  

    The appeals must therefore be dismissed 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); Tex. R. App. P. 25.2(d).

    It is so ORDERED.

    PER CURIAM

    Panel consists of Justices Hedges, Jennings, and Alcala.

    Do not publish.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

Document Info

Docket Number: 01-03-00153-CR

Filed Date: 4/10/2003

Precedential Status: Precedential

Modified Date: 9/2/2015