James Kellough v. The State of Texas--Appeal from 299th District Court of Travis County

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

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