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Branch v. State

Court of Appeals of Texas, Third District, Austin
Sep 12, 2006
No. 03-06-00522-CR (Tex. App. Sep. 12, 2006)

Opinion

No. 03-06-00522-CR

Filed: September 12, 2006. DO NOT PUBLISH.

Appeal from the District Court of Williamson County, 277th Judicial District, No. 84-409-K, Honorable William S. Lott, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


MEMORANDUM OPINION


Charles R. Branch seeks to appeal a judgment of conviction for delivery of methamphetamine. Sentence was imposed on May 2, 2006, after which appellant's counsel filed a timely motion for new trial. On August 23, 2006, Branch filed in the district court a pro se motion to dismiss his attorney and for appointment of new counsel on appeal. There was no notice of appeal. Even if Branch's pro se motion regarding counsel is treated as a notice of appeal, it was untimely. See Tex.R.App.P. 26.2(a)(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

Branch v. State

Court of Appeals of Texas, Third District, Austin
Sep 12, 2006
No. 03-06-00522-CR (Tex. App. Sep. 12, 2006)
Case details for

Branch v. State

Case Details

Full title:CHARLES R. BRANCH, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 12, 2006

Citations

No. 03-06-00522-CR (Tex. App. Sep. 12, 2006)

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Branch v. State

During a period following the May 2006 judgment in which he was not represented by counsel, Branch filed two…