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Dyrone Melvin v. State
Citation: Not availableDocket: 01-03-00261-CR
Court: Court of Appeals of Texas; April 10, 2003; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the First District of Texas issued an opinion on April 10, 2003, regarding the case of Dyrone Melvin (Appellant) versus the State of Texas (Appellee). The court determined it lacked jurisdiction to hear the appeal due to the untimely filing of the notice of appeal. Appellant was sentenced on January 17, 2003, and failed to file a motion for new trial. Consequently, the deadline for filing notice of appeal was February 17, 2003, extended from the typical thirty-day period because the thirtieth day fell on a weekend. The notice of appeal was postmarked on March 10, 2003, which was after the deadline, thereby violating Rule 9.2 of the Texas Rules of Appellate Procedure concerning the “mailbox rule.” As a result, the court dismissed the appeal for lack of jurisdiction, denied all pending motions as moot, and ordered that the decision not be published. The panel included Justices Hedges, Jennings, and Alcala.