James Kellough v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-98-00381-CR James Kellough, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. 0974657, HONORABLE JON N. WISSER, JUDGE PRESIDING PER CURIAM This is an appeal from a judgment of conviction for aggravated robbery. Sentence was imposed on May 7, 1998. There was no motion for new trial. The deadline for perfecting appeal was therefore June 8, 1998. Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on June 10, 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 Before Chief Justice Yeakel, Justices Aboussie and Jones Dismissed for Want of Jurisdiction Filed: August 13, 1998 Do Not Publish