Albert Cubit v. The State of Texas--Appeal from 403rd District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00373-CR Albert Cubit, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT NO. 3030449, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING MEMORANDUM OPINION Albert Cubit seeks to appeal from a judgment of conviction for family violence assault. Sentence was imposed on April 8, 2005. There was no motion for new trial. The deadline for perfecting appeal was therefore May 9, 2005. Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on June 9, 2005. 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 Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App.1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). The appeal is dismissed. ___________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: August 5, 2005 Do Not Publish 2

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