Robert Anastacio Hernandez v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-98-00568-CR Robert Anastacio Hernandez, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT NO. 97-061, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING PER CURIAM This is an appeal from a judgment of conviction for assault. Sentence was imposed on June 3, 1998. There was a timely motion for new trial. The deadline for perfecting appeal was therefore September 1, 1998. Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on September 4. No extension of time for filing notice of appeal was requested. 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). Tex. R. App. P. 9.2(b). 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 Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). But see Williams v. State, 957 S.W.2d 949 (Tex. App.--Austin 1997, no pet.) (asking that Olivo be reexamined). The appeal is dismissed. Before Justices Powers, Aboussie and Kidd Dismissed for Want of Jurisdiction Filed: November 13, 1998 Do Not Publish