Joseph R. Horn v. The State of Texas--Appeal from 299th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00568-CR
Joseph R. Horn, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. 0944525, HONORABLE JON N. WISSER, JUDGE PRESIDING

PER CURIAM

 

This is an appeal from a judgment of conviction for sexual assault. Sentence was imposed on June 23, 1995. No motion for new trial was filed. Notice of appeal was untimely filed on July 28, 1995. Tex. R. App. P. 41(b)(1). No extension of time for filing notice of appeal was requested. Tex. R. App. P. 41(b)(2). 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 41(b)(1). Tex. R. App. P. 4(b).

Appellant's appointed attorney has filed an amended motion for late filing of statement of facts. In the motion, counsel states that appointed trial counsel failed to perfect appeal and appellant was forced to act pro se. Present counsel was not appointed until after the time to perfect appeal expired.

We are generally authorized to suspend the requirements of the appellate rules for good cause. Tex. R. App. P. 2(b). Rule 2(b) does not, however, authorize us to suspend the appellate time limits. Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995). Appellant's amended motion for late filing of appeal is accordingly overruled and the original motion is dismissed. Appellant's amended and original motions for extension of time to file statement of facts are dismissed.

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). Appellant must await this Court's mandate of dismissal, after which he may file a post-conviction application for writ of habeas corpus seeking an out-of-time appeal. Tex. Code Crim. Proc. Ann. art. 11.07, 2 (West Supp. 1995).

The appeal is dismissed.

 

Before Chief Justice Carroll, Justices Jones and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: November 1, 1995

Do Not Publish