Opinion issued February 20, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-01188-CR
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KRISEAN JERMAINE JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Cout at Law No. 2
Galveston County, Texas
Trial Court Cause No. 146876
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant's request for habeas corpus relief was denied on June 27, 2002. Although there is no motion for new trial contained in the clerk's record, the docket sheet contains a notation that appellant filed a motion to reconsider on July 10, 2002. Assuming the motion to reconsider was filed on July 10, 2002, appellant should have filed his notice of appeal by September 25, 2002. See Tex. R. App. P. 26.2(a)(2) (the notice of appeal must be filed within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial). However, appellant did not file his notice of appeal until October 21, 2002, 26 days late.
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 Nuchia and Hanks.
Do not publish. Tex. R. App. P. 47.