DocketNumber： 03-98-00568-CR
Filed Date： 11/13/1998
Status： Precedential
Modified Date： 9/5/2015
918 S.W.2d 519
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00568-CR
Robert Anastacio Hernandez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT
NO. 97-061, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING PER CURIAM
This is an appeal from a judgment of conviction for assault. Sentence was imposed on June 3, 1998. There was a timely motion for new trial. The deadline for perfecting appeal was therefore September 1, 1998. Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on September 4. No extension of time for filing notice of appeal was requested. 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). 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. See Olivo v. State,
, 523 (Tex. Crim. App. 1996). But see Williams v. State,957 S.W.2d 949
(Tex. App.--Austin 1997, no pet.) (asking that Olivo be reexamined).The appeal is dismissed.
Before Justices Powers, Aboussie and Kidd
Dismissed for Want of Jurisdiction
Filed: November 13, 1998
Do Not Publish