Torin C. Archbold v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-98-00537-CR Torin C. Archbold, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY NO. 466885, HONORABLE WILFRED AGUILAR, JUDGE PRESIDING PER CURIAM This is an appeal from a judgment of conviction for assault. Sentence was imposed on June 1, 1998. There was a timely motion for new trial. The deadline for perfecting appeal was therefore August 31, 1998. Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on September 1, 1998. 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 Before Chief Justice Yeakel, Justices Jones and B. A. Smith Dismissed for Want of Jurisdiction Filed: October 8, 1998 Do Not Publish