Opinion issued January 16, 2003
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-02-01180-CR
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LYUDMYLA LITVINOVA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 919330
MEMORANDUM OPINION
We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on July 30, 2002. A motion for new trial was timely filed. The deadline for filing notice of appeal was therefore October 28, 2002, 90 days after sentencing. See Tex. R. App. P. 26.2(a)(2).
Notice of appeal was filed on November 1, 2002, four 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).
All pending motions are denied as moot.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Hedges, Jennings, and Alcala.
Do not publish. Tex. R. App. P. 47.2(b).