Opinion issued September 4, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00717-CR
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TEODORO MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 240th District Court
Fort Bend County, Texas
Trial Court Cause No. 37164
MEMORANDUM OPINION
The State filed a motion to dismiss the above-referenced appeal, arguing that we lack jurisdiction. We agree that we are without jurisdiction to entertain the appeal.
Appellant was sentenced in this case on January 27, 2003. No motion for new trial was filed. The deadline for filing notice of appeal was therefore February 26, 2003, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on July 1, 2003, more than four months after the deadline. Appellant's counsel filed a motion for extension of time to file notice of appeal in this Court on July 28, 2003. However, a motion for extension of time to file notice of appeal must be filed within 15 days after the deadline for filing the notice of appeal. Tex. R. App. P. 26.3. The motion for extension of time to file notice of appeal is therefore denied.
We also note that the trial court made written findings that there were no pretrial written motions, that the court did not give permission to appeal, and that the court did not exceed the plea bargain agreement in assessing punishment. See Tex. R. App. P. 25.2(a), (d).
Accordingly, the State's motion is granted. We 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); Tex. R. App. P. 25.2(a).
It is so ORDERED.
PER CURIAM
Panel consists of Justices Hedges, Nuchia, and Keyes.
Do not publish. Tex. R. App. P. 47.2(b).