Opinion
No. 03-09-00287-CR
Filed: June 25, 2009. DO NOT PUBLISH.
Appealed from the District Court of Travis County, 390th Judicial District, No. D-1-Dc-08-204984, Honorable Julie H. Kocurek, Judge Presiding. Dismissed for Want of Jurisdiction.
Before Justices PATTERSON, PEMBERTON and WALDROP.
MEMORANDUM OPINION
Juan Castillo Perez seeks to appeal from a judgment of conviction for driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West 2003). Sentence was imposed on April 1, 2009. There was no timely motion for new trial. The deadline for perfecting appeal was therefore May 1, 2009. See Tex. R. App. P. 26.2(a)(1), (2). Notice of appeal was filed on May 13, 2009. No extension of time for filing notice of appeal was requested. See 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). See Tex. R. App. P. 9.2(b). Under the circumstances, we lack jurisdiction to dispose of this cause 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, 918S.W.2d 519, 522-23 (Tex.Crim.App. 1996). The appeal is dismissed.