Anthony Joseph v. The State of Texas--Appeal from 51st District Court of Tom Green County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00259-CR
Anthony Joseph, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT
NO. A-94-0266-S, HONORABLE BARBARA WALTHER, JUDGE PRESIDING
PER CURIAM

This is an appeal from a judgment of conviction for possession of cocaine. Sentence was imposed on January 29, 1998. There was a timely motion for new trial. The deadline for perfecting appeal was therefore April 29, 1998. Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on April 30. 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 Justices Powers, Kidd and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: June 4, 1998

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