Opinion issued June 6, 2002
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00230-CR
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RAYMOND SABALA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Cause No. 860657
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on March 2, 2001. A motion for new trial was timely filed. The deadline for filing notice of appeal was therefore May 31, 2001, 90 days after sentencing. See Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on January 17, 2002, well 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). We also note that this was a plea-bargained felony case in which appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.).
All pending motions are denied as moot.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Mirabal, Taft, and Smith. (1)
Do not publish. Tex. R. App. P. 47.
1.