George Garcia v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-98-00318-CR George Garcia, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. 0975265, HONORABLE MIKE LYNCH, JUDGE PRESIDING PER CURIAM This is an appeal from a judgment of conviction for robbery. Sentence was imposed on May 5, 1998. The deadline for either perfecting appeal or moving for a new trial was therefore June 4, 1998. Tex. R. App. P. 21.4, 26.2(a)(1). Both a motion for new trial and notice of appeal were filed on June 5, one day late. Because the motion for new trial was not timely, it did not serve to extend the time for filing the notice of appeal. Tex. R. App. P. 26.2(a)(2). 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Chief Justice Yeakel, Justices Jones and B. A. Smith Dismissed for Want of Jurisdiction Filed: September 11, 1998 Do Not Publish