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Womack v. State

Court of Appeals of Texas, Third District, Austin
Aug 31, 2009
No. 03-09-00432-CR (Tex. App. Aug. 31, 2009)

Opinion

No. 03-09-00432-CR

Filed: August 31, 2009. DO NOT PUBLISH.

Appeled from the District Court of Comal County, 207th Judicial District No. CR2004-204, Honorable Jack H. Robison, Judge Presiding. Dismissed for Want of Jurisdiction

Before Chief Justice JONES, Justices WALDROP and HENSON.


MEMORANDUM OPINION


Bill Francis Womack, Jr. seeks to appeal from a judgment of conviction for theft. See Tex. Penal Code Ann. § 31.03 (West Supp. 2008). Sentence was imposed on March 3, 2009. No motion for new trial was filed. The deadline for perfecting appeal was therefore April 2, 2009. See Tex. R. App. P. 26.2(a)(1), (2). Notice of appeal was filed July 20, 2009, containing an assertion that it was mailed by appellant on July 17, 2009. No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. Under the circumstances, we lack jurisdiction to dispose of the attempted 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

Womack v. State

Court of Appeals of Texas, Third District, Austin
Aug 31, 2009
No. 03-09-00432-CR (Tex. App. Aug. 31, 2009)
Case details for

Womack v. State

Case Details

Full title:Bill Francis Womack Jr., Appellant v. The State of Texas, Appellee

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

Date published: Aug 31, 2009

Citations

No. 03-09-00432-CR (Tex. App. Aug. 31, 2009)