Opinion issued July 24, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00487-CR

____________

TEODORO MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 37195

MEMORANDUM OPINION

               We are without jurisdiction to entertain this appeal. Appellant was sentenced in this case on January 27, 2003. A motion for new trial was timely filed on February 26, 2003, extending the deadline for filing notice of appeal to 90 days after the date sentence was imposed. See Tex. R. App. P. 21.4(a), 26.2(a)(2). The deadline for filing notice of appeal was therefore Monday, April 28, 2003, because the ninetieth day after sentencing fell on a weekend. See Tex. R. App. P. 4.1(a).

               Notice of appeal was filed on May 2, 2003, four days after the deadline. 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).

               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Do not publish.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).