Opinion issued November 14, 2002
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-02-00887-CR
____________
ALVIN C. SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 278th District Court
Walker County, Texas
Trial Court Cause No. 20,811-C
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on March 22, 2002. A motion for new trial was timely filed on April 18, 2002. See Tex. R. App. P. 21.4(a). The deadline for filing notice of appeal was therefore June 20, 2002, 90 days after sentencing. See Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on July 23, 2002, 33 days after the deadline.
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, Keyes, and Duggan. (1)
Do not publish. Tex. R. App. P. 47.
1.