Isaac v. State

Full title: MARK ISAAC, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 28, 2004

No. 03-04-00633-CR (Tex. App. Oct. 28, 2004)

Opinion

No. 03-04-00633-CR

Filed: October 28, 2004. DO NOT PUBLISH.

Appeal from the District Court of Travis County, 403rd Judicial District, No. 3041211, Honorable Brenda Kennedy, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

MEMORANDUM OPINION

BOB PEMBERTON, Justice.

Mark Isaac seeks to appeal from a judgment of conviction for possession of a controlled substance. Sentence was imposed on July 19, 2004. There was no motion for new trial. The deadline for perfecting appeal was therefore August 18, 2004. Tex.R.App.P. 26.2(a)(1). A pro se notice of appeal was filed on September 15, 2004. 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).¹ The appeal is dismissed.

1 We also note that the trial court has certified, and the record confirms, that this is a plea bargain case and Isaac has no right of appeal. See Tex.R.App.P. 25.2(a)(2).