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DARE v. STATE

Court of Appeals of Texas, Third District, Austin
Dec 6, 2006
No. 03-06-00710-CR (Tex. App. Dec. 6, 2006)

Opinion

No. 03-06-00710-CR.

December 6, 2006. DO NOT PUBLISH.

Appeal from the District Court of Williamson County, 368TH Judicial District No. 03-112-K368, Honorable Burt Carnes, Judge Presiding.

Before Justices B. A. SMITH, PEMBERTON AND WALDROP.


MEMORANDUM OPINION In April 2004, Gbolahan Dare was convicted of indecency with a child by contact and sentenced to four years in prison. At that time, the trial court certified that this is a plea-bargain case and that Dare has no right of appeal. See Tex. R. App. P. 25.2(d). On November 6, 2006, the district clerk received a seventeen-page letter from Dare to the district court. Believing that the letter might be construed as a notice of appeal, the clerk filed the letter and forwarded it to this Court. See Tex. R. App. P. 25.2(e). The notice of appeal, if that is what was intended by Dare, was not timely filed. See Tex. R. App. P. 26.2. Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. See 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.


Summaries of

DARE v. STATE

Court of Appeals of Texas, Third District, Austin
Dec 6, 2006
No. 03-06-00710-CR (Tex. App. Dec. 6, 2006)
Case details for

DARE v. STATE

Case Details

Full title:Gbolahan Dare, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Dec 6, 2006

Citations

No. 03-06-00710-CR (Tex. App. Dec. 6, 2006)