Guadalupe Tovar Rosales v. State

• Court: Court of Appeals of Texas
• Decided: June 13, 2002
• Docket: 01-02-00477-CR
• Status: Published

Opinion

Opinion issued June 13, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00477-CR

GUADALUPE TOVAR ROSALES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 253rd District Court

Chambers County, Texas

Trial Court Cause No. 11369

MEMORANDUM OPINION

We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on December 17, 2001. No motion for new trial was filed. The deadline for filing notice of appeal was therefore January 16, 2002, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on March 27, 2002, more than two months after the deadline. The notice of appeal itself indicates that appellant did not execute it until March 22, 2002. When no timely notice of appeal is filed, an appellate court is without authority to do anything other than to dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).

We therefore dismiss the appeal for lack of jurisdiction.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Mirabal, Taft, and Smith. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1.

The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.