Shawn Paul Davis v. State

Opinion issued April 17, 2003












In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-03-00145-CR

           01-03-00146-CR

____________


SHAWN PAUL DAVIS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause Nos. 859328 and 859327




 

MEMORANDUM OPINION

               We are without jurisdiction to entertain these appeals. Appellant was sentenced in both cases on November 21, 2002. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, December 23, 2002, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

               Notice of appeal in each case was deposited in the mail on February 4, 2003, according to the postmark on the copy of the envelope included in the clerk’s record. Because the notices of appeal were mailed after the filing deadline, they 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 appeals 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 Nuchia and Hanks.

Do not publish.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