Marcello Jacobs Weathers v. State

Opinion issued November 6, 2003











In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-01069-CR

____________


MARCELLO JACOBS WEATHERS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 873633




 

MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on August 13, 2002. The deadline for filing notice of appeal was September 12, 2002, 30 days later. See Tex. R. App. P. 26.2(a)(1).

               Notice of appeal was deposited in the mail on September 29, 2003, according to the postmark on the copy of the envelope included in the clerk’s record. Because the notice of appeal was mailed more than one year 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).

               It is so ORDERED.

PER CURIAM

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

Do not publish.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