Opinion issued May 30, 2002
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00413-CR
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JOSEPH FLOYD JACOBS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court
Harris County, Texas
Trial Court Cause No. 695558
O P I N I O N
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on February 19, 2002. No motion for new trial was filed. The deadline for filing notice of appeal was therefore March 21, 2002, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).
Notice of appeal was filed on April 10, 2002, 20 days after the deadline. Even if appellant mailed the notice, in order to be timely it must have been mailed on or before the March 21 deadline and received within 10 days after that date. See Tex. R. App. P. 92(b)(1). The notice of appeal indicates that appellant signed it on April 4, 2002. Therefore, the notice was not timely mailed.
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 Justices Mirabal, Taft, and Wilson. (1)
Do not publish. Tex. R. App. P. 47.
1.