Wayne Gerome Trahan v. State

• Court: Court of Appeals of Texas
• Decided: November 27, 2002
• Docket: 01-02-01128-CR
• Status: Published

Opinion

Opinion issued November 27, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01128-CR

WAYNE GEROME TRAHAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 895042

MEMORANDUM OPINION

We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on July 25, 2002. No motion for new trial was filed. The deadline for filing notice of appeal was therefore Monday, August 26, 2002, 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 deposited in the mail on September 6, 2002, according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." See Tex. R. App. P. 9.2(b). 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 Nuchia, Jennings, and Radack.

Do not publish.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