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Rivera v. State

Court of Appeals of Texas, Third District, Austin
Oct 31, 2006
No. 03-06-00612-CR (Tex. App. Oct. 31, 2006)

Opinion

No. 03-06-00612-CR

Filed: October 31, 2006. DO NOT PUBLISH.

Appeal from the District Court of Williamson County, 277th Judicial District, No. 05-123-K277, Honorable Ken Anderson, Judge Presiding. Dismissed for Want of Jurisdiction.

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


MEMORANDUM OPINION


Jose Alexis Rivera seeks to appeal from a judgment of conviction for credit card abuse. Sentence was imposed on August 22, 2006. Without a timely motion for new trial, the deadline for perfecting appeal was September 21. Tex.R.App.P. 26.2(a)(1). Notice of appeal was filed on September 25. 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 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

Rivera v. State

Court of Appeals of Texas, Third District, Austin
Oct 31, 2006
No. 03-06-00612-CR (Tex. App. Oct. 31, 2006)
Case details for

Rivera v. State

Case Details

Full title:JOSE ALEXIS RIVERA, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 31, 2006

Citations

No. 03-06-00612-CR (Tex. App. Oct. 31, 2006)