Dyrone Melvin v. State ( 2003 )

Opinion issued April 10, 2003  

  In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-00261-CR

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DYRONE MELVIN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 887885

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MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on January 17, 2003. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, February 17, 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 March 10, 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 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).  

               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).

               All pending motions are denied as moot.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

Do not publish.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