Kenneth Duane Porter v. The State of Texas--Appeal from 277th District Court of Williamson County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00044-CR
Kenneth Duane Porter, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL
DISTRICTNO. 97-172-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING
PER CURIAM

This is an appeal from a conviction for possession of child pornography. Sentence was imposed on December 1, 1997. No motion for new trial was filed. Notice of appeal was filed on January 9, 1998, nine days after it was due. Tex. R. App. P. 26.2(a)(1). No extension of time for filing notice of appeal was requested. Tex. R. App. P. 26.3. The record indicates that notice of appeal was mailed to the district clerk on January 7. See Tex. R. App. P. 9.2(b). Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

The State's motion to dismiss is granted. The appeal is dismissed for want of jurisdiction.

 

Before Justices Powers, Aboussie and Jones

Dismissed for Want of Jurisdiction

Filed: February 20, 1998

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