Bobby Ray Colar v. State ( 2004 )

Opinion issued January 8, 2004  

  In The  

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-01073-CR

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BOBBY RAY COLAR, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause No. 875439

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MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on October 8, 2002. The deadline for filing notice of appeal was November 7, 2002, 30 days later. See Tex. R. App. P. 26.2(a)(1).

               Notice of appeal was deposited in the mail on September 24, 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).  

               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 Chief Justice Radack, and Justices Jennings and Higley.

Do not publish.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