Opinion issued September 12, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00592-CR

____________

JORGE FRANCO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 715554

MEMORANDUM OPINION

We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on June 27, 1996. The deadline for filing notice of appeal was Monday, July 29, 1996, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant mailed his notice of appeal on April 22, 2002, more than five years after the deadline. See Tex. R. App. P. 9.2(b).

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, Keyes, and Duggan. ⁽¹⁾

Do not publish.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

1.The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.