Marcus Golden v. State ( 2004 )

Opinion issued October 14, 2004  

  In The  

Court of Appeals  

For The  

First District of Texas  

____________

NO. 01-04-00834-CR

____________

MARCUS GOLDEN, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 973645

---

MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on June 11, 2004. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, July 12, 2004, because the thirtieth day after sentencing fell on a weekend. See Tex. R. App. P. 4.1, 26.2(a)(1). Appellant’s notice of appeal was filestamped in the Fourteenth Court of Appeals on July 13, 2004. Notice of appeal was not filed in the trial court until July 19, 2004, seven days after the deadline.  

               Notice of appeal must be filed with the trial court clerk. See Tex. R. App. P. 25.2(c)(1). In Douglas v. State, 987 S.W.2d 605, 606-07 (Tex. App.—Houston [1st Dist.] 1999, no pet.), the notice of appeal was mailed to the court of appeals and not filed in the trial court until four days after it was due. No motion for extension of time to file the notice of appeal was filed. We held that under these circumstances, we were bound to follow the precedent of the Court of Criminal Appeals in Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996), and we dismissed the appeal.  

               Accordingly, because notice of appeal was not timely filed in the trial court, we dismiss the appeal for lack of jurisdiction.

               All pending motions are denied as moot.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish.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