Dominic Lynn Cubit v. State ( 2004 )


Menu:
  • TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






    NO. 03-04-00554-CR


    Dominic Lynn Cubit, Appellant


    v.



    The State of Texas, Appellee








    FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT

    NO. 2003-028, HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING


    M E M O R A N D U M O P I N I O N


    Dominic Lynn Cubit seeks to appeal from a judgment of conviction for aggravated assault. Imposition of sentence was suspended and community supervision was ordered on August 11, 2004. The deadline for filing a motion for new trial or notice of appeal was therefore September 10, 2004. Tex. R. App. P. 21.4(a), 26.2(a)(1). (1) Cubit filed both a motion for new trial and a notice of appeal on September 13, 2004. Because the motion for new trial was not timely, the notice of appeal also was not timely. Tex. R. App. P. 26.2(a)(2). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).

    The appeal is dismissed.





    __________________________________________

    David Puryear, Justice

    Before Chief Justice Law, Justices Kidd and Puryear

    Dismissed for Want of Jurisdiction

    Filed: November 4, 2004

    Do Not Publish

    1. The trial court's judgment was signed and entered on September 9, 2004. The relevant appellate deadlines begin to run, however, when sentence is imposed or suspended in open court.

Document Info

Docket Number: 03-04-00554-CR

Filed Date: 11/4/2004

Precedential Status: Precedential

Modified Date: 9/6/2015