David L. Jeffrey v. State

Opinion

Opinion issued July 24, 2003

In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-00688-CR

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DAVID LEE JEFFREY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 278th District Court

Grimes County, Texas

Trial Court Cause No. 14,535

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MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on March 20, 2003. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, April 21, 2003, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1). Notice of appeal was filed on May 30, 2003, 39 days after the deadline.

               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 Alcala and Higley.

Do not publish.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