Joseph Floyd Jacobs v. State

• Court: Court of Appeals of Texas
• Decided: May 30, 2002
• Docket: 01-02-00413-CR
• Status: Published

Opinion

Opinion issued May 30, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00413-CR

JOSEPH FLOYD JACOBS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 695558

O P I N I O N

We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on February 19, 2002. No motion for new trial was filed. The deadline for filing notice of appeal was therefore March 21, 2002, 30 days after sentencing. See Tex. R. App. P. 26.2(a)(1).

Notice of appeal was filed on April 10, 2002, 20 days after the deadline. Even if appellant mailed the notice, in order to be timely it must have been mailed on or before the March 21 deadline and received within 10 days after that date. See Tex. R. App. P. 92(b)(1). The notice of appeal indicates that appellant signed it on April 4, 2002. Therefore, the notice was not timely mailed.

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 Justices Mirabal, Taft, and Wilson. ⁽¹⁾

Do not publish.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

1.

The Honorable Davie L. Wilson, retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.