Opinion issued October 10, 2002
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-02-00834-CR
____________
MEDARDO ENRIQUE RAMIREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 888324
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on October 15, 2001. No motion for new trial was filed. The deadline for filing notice of appeal was therefore November 14, 2001, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).
Notice of appeal was deposited in the mail on December 3, 2001, 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).
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Do not publish.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.