James Scott Reed v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-98-00244-CR James Scott Reed, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 47,307, HONORABLE RICK MORRIS, JUDGE PRESIDING PER CURIAM This is an appeal from a conviction for possession of cocaine. Sentence was imposed on March 10, 1998. No motion for new trial was filed. The deadline for perfecting appeal was therefore April 9, but notice of appeal was not filed until April 15, 1998. See Tex. R. App. P. 26.2(a). No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. There is nothing in the record to indicate 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 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 Before Chief Justice Yeakel, Justices Aboussie and Jones Dismissed for Want of Jurisdiction Filed: June 18, 1998 Do Not Publish