Paula Wooten v. The State of Texas--Appeal from 331st District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00361-CR
Paula Wooten, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT
NO. 0954855, HONORABLE BOB PERKINS, JUDGE PRESIDING

PER CURIAM

 

Before us is appellant's motion for out-of-time appeal from a conviction for tampering with a governmental record. Sentence was imposed on April 3, 1966. Notice of appeal was filed on May 8, after the deadline for filing but within the fifteen-day period during which an extension of time may be granted. Tex. R. App. P. 41(b). No extension of time for perfecting appeal was requested. When a notice of appeal, but no motion for extension of time, is filed within the fifteen-day grace period, 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). Appellant must await this Court's mandate of dismissal, after which she 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. 1996).

The motion for out-of-time appeal is overruled. The motion for extension of time to file appellate record is dismissed.

The appeal is dismissed for want of jurisdiction.

 

Before Justices Powers, Jones and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: July 31, 1996

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