Ronald Lee Delcamp v. State ( 2006 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-06-00075-CR

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Ronald Lee Delcamp, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF RUNNELS COUNTY, 119TH JUDICIAL DISTRICT

NO. 5409, HONORABLE BEN WOODWARD, JUDGE PRESIDING

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

Ronald Lee Delcamp seeks to appeal from a judgment of conviction for sexual assault. Sentence was imposed on October 26, 2005. There was a timely motion for new trial. The deadline for perfecting appeal was therefore January 24, 2006. See Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on January 30, 2006. No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. There is no indication that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 26.2(a). See Tex. R. App. P. 9.2(b). 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.

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                                                David Puryear, Justice

Before Justices B. A. Smith, Puryear and Waldrop

Dismissed for Want of Jurisdiction

Filed: February 24, 2006

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