Ronald Scott Smith v. State





               



In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-01087-CR

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RONALD SCOTT SMITH, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 843187




 

MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on August 27, 2003. No motion for new trial was filed. The deadline for filing notice of appeal was therefore September 26, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

               Notice of appeal was filed on October 8, 2003, 12 days after the deadline. Although the notice of appeal was filed within the 15-day time period for filing a motion for extension of time to file notice of appeal, no such motion for extension of time was filed. See Tex. R. App. P. 26.3.

               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).

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish.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