Franks v. State

Full title: TIMOTHY FRANKS, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 20, 2005

No. 03-05-00670-CR (Tex. App. Oct. 20, 2005)

Opinion

No. 03-05-00670-CR

Filed: October 20, 2005. DO NOT PUBLISH.

Appeal from the District Court of Travis County, 403rd Judicial District, No. 3032462, Honorable Donald Leonard, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

MEMORANDUM OPINION

G. ALAN WALDROP, Justice.

Timothy Franks seeks to appeal from a judgment of conviction for murder. Sentence was imposed on August 5, 2005. There was no motion for new trial. The deadline for perfecting appeal was therefore September 6, 2005. Tex.R.App.P. 4.1(a), 26.2(a)(1). Notice of appeal was filed on September 27, 2005. 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.